§7.15 Interrogations and Confessions

LibraryJuvenile Law Deskbook (2021 Supp.)

F. (§7.15) Interrogations and Confessions

Add the following paragraphs after the last paragraph in the original section:

For a detailed discussion about the specific factors used to determine “custody” and “interrogation,” see State v. Werner, 9 S.W.3d 590 (Mo. banc 2000). The Court found that a certified juvenile’s confession was not admissible because he was subjected to custodial interrogation without his rights being read to him and waived voluntarily. Id. at 597–601.

Section 211.059, RSMo Supp. 2019, addresses the role of the DJO (deputy juvenile officer) during police interrogation of a juvenile. The juvenile officer is not to “participate in the questioning by law enforcement by asking any questions or soliciting any information from the child regarding the alleged offense or offenses” and “shall halt or discontinue any questioning by law enforcement upon notice from the child that the child wishes to stop being questioned.” Section 211.059.4 & .2.

The juvenile officer must ensure that the child is advised of their limited role during questioning by law enforcement and must specifically advise the child that they are not legal counsel for the child or an advocate for the child during questioning by law enforcement. Section 211.059.3.

See the Missouri Juvenile Officer Performance Standards (2017), at www.courts.mo.gov/file.jsp?id=304, for more information about the role of the DJO and the state-adopted standards for performance.

Furthermore, the Missouri Law Enforcement Juvenile Justice Guidelines
and Recommended Practices (Feb. 2019) designate the Juvenile Officer Performance Standards during interrogations at pages 31–34. The guidelines are at https://dps.mo.gov/dir/programs/jj/documents/mija-law-enforceemnt-guidelines.pdf.

The Western District of the Missouri Court of Appeals rejected the argument that a “public safety exception” under New York v. Quarles, 467 U.S. 649 (1984), existed when officers interrogated the...

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