ILNews

COA: admitting teen's confession was a fundamental error

Back to TopCommentsE-mailPrintBookmark and Share

An Indiana Court of Appeals decision today places a burden on police officers to make sure interview room video cameras don’t infringe upon meaningful consultation when a juvenile is involved.

The appellate court reversed a teen’s adjudication for committing what would be felony child molesting because he wasn’t given meaningful consultation with his guardian as required by Indiana’s juvenile waiver of rights statute. They found the video cameras that recorded the consultation between the two was an improper police presence and infringed on privacy necessary to any meaningful consultation.

S.D. was accused of molesting one of the children his guardian watched in her home daycare. He went with his guardian to the police to speak with Detective Chris Lawrence. He and his guardian were initially alone in the small interview room and noted the cameras in it. S.D. told the detective he didn’t care if his guardian was present during questioning, so she left. Detective Lawrence told S.D. he wasn’t under arrest and was free to go at any time. He questioned S.D. about the incident, said he didn’t think S.D. was telling the truth, and sat close to S.D. and spoke to him in a low voice near the end of the interview.

S.D. changed his story several times, eventually confessing to molesting the girl. He was then put in handcuffs. At his hearing, S.D. moved to suppress his videotaped statement. S.D. was found to have committed Class C felony child molesting if committed by an adult.

In S.D. v. State of Indiana, No. 49A02-1004-JV-442, the appellate court addressed the admission of the confession as to whether it constituted a fundamental error. S.D. claimed he wasn’t afforded meaningful consultation as required by Indiana’s juvenile waiver of rights statute because the consultation was videotaped. The issue was whether he was subject to a custodial interrogation when he confessed. The judges agreed that Detective Lawrence interrogated him and found the evidence supported a reasonable person in similar circumstances wouldn’t believe he was free to leave, so S.D. was in custody when he confessed. Because of this, the juvenile waiver statute applies and he was entitled to meaningful consultation with his guardian, wrote Judge Nancy Vaidik.

“Consultation can be meaningful only in the absence of police pressure,” she wrote. “Privacy is essential to a meaningful consultation. The meaningful consultation requirement is met only when the State demonstrates actual consultation of a meaningful nature or the express opportunity for such consultation, which is then forsaken by the juvenile in the presence of the proper authority, so long as the juvenile knowingly and voluntarily waives his constitutional rights.”

S.D. and his guardian were videotaped during their consultation and they were aware of the video cameras. This constituted an improper police presence and infringed on the privacy necessary to any meaningful consultation. The burden is on the state to demonstrate that S.D. and his guardian were afforded meaningful consultation; the burden isn’t on the juvenile to ask for it, she continued.

“We acknowledge that our decision places a burden on police officers to ensure that interview room video cameras do not infringe upon meaningful consultation when a juvenile is involved. However, in light of the purpose of the meaningful consultation requirement – to provide a juvenile with a ‘stabilizing and comparatively relaxed atmosphere in which to make a serious decision that could affect the rest of his life’ – we cannot say that such a burden is too onerous,” wrote Judge Vaidik.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

ADVERTISEMENT