5th Amendment
The Minnesota Court of Appeals held that statements made to a child welfare investigator after invoking the right to counsel are inadmissible under Miranda, finding that the investigator was acting as an arm of the state. The court reasoned: The central issue on appeal therefore narrows to whether Flores’s invocation of his Miranda rights bars not…
The New Jersey Superior Court Appellate Division held that the State failed to meet its burden of proving voluntariness of a youth’s Miranda waiver and reversed the trial court’s denial of defense’s suppression motion. Based on a totality-of-circumstances analysis, the court considered the following factors in making its decision: the youth’s Spanish-speaking mother was present…
This sample motion argues for special discovery and dismissal and/or suppression based on a claim of selective prosecution in a jaywalking case. Highlighting local police data on racial disparities in jaywalking-related stops, this motion argues that police conduct had a discriminatory effect on Black youth in Cincinnati, in violation of their state and federal equal…
From the Abstract: “Interrogation techniques are influenced by the interrogator’s style and the individual being interviewed. Most law enforcement agencies use adult-centered interrogation methods, leading to suboptimal results when working with youth. The research has focused on youth offenders in the interrogation room and the choices they make, often leading to false confessions when an…
The Supreme Court of Washington found a Miranda violation based on a totality of the circumstances analysis, which the Court noted must include consideration of race and age. The Court stated in relevant part: “The United States Supreme Court has established that in determining whether a suspect is in custody under Miranda, we must “‘examine…
“It is considered “good law” in Pennsylvania that prosecution can bring a violation of probation or parole (VOP) hearing for a direct violation of the conditions of parole even before the alleged violation’s substantive criminal trial takes place. Mrs. Kates’s name has since become synonymous with pretrial VOP hearings for direct violations. This Comment calls…
The Supreme Court of Washington vacated a conviction for second-degree murder, finding that the 16-year-old defendant’s waiver of rights was invalid, considering her age, recent head trauma, and lack of experience with the police. The court stated in relevant part: “Luna challenges several evidentiary rulings and argues that the court should have applied newly enacted…
“The right to have your day in court is foundational to the U.S. criminal legal system. Yet, many noncitizens in immigration detention facing criminal charges are denied this right when ICE routinely fails to produce immigration detainees to criminal court to resolve charges. In immigration proceedings, immigration judges regularly use those unresolved charges to detain…
The Intermediate Appeals Court of Hawaii found that defense counsel’s failure to object to references about the individual’s juvenile incarceration and prior arrests constituted ineffective assistance of counsel requiring reversal and a new trial. The Court stated in relevant part: “Specific acts or omissions having an obvious tactical basis for benefitting the defense will not…
The United States District Court in the Eastern District of California granted a preliminary injunction in immigration removal proceedings for minor T.M., ordering her release. The District Court offered the following language in support: “Petitioner R.D.T.M. is a noncitizen who entered the United States in 2023 as an unaccompanied minor. After entry, she was briefly…
The Supreme Court of Maine vacated a conviction, finding that custodial statements should have been suppressed because there was no waiver of the privilege against self-incrimination, and offered the following language in support. “McLain did not clearly waive his privilege against self-incrimination and instead answered that it “depend[ed] on the questions” when asked if he…
Youth defenders play a critical role in safeguarding the constitutional rights of noncitizen youth during encounters with immigration officials. This tip sheet provides an overview of the rights of noncitizen youth and strategies for youth defenders to safeguard these rights and mitigate harm throughout the course of representing youth in juvenile court. This tip sheet…
The Idaho District Court rules that an antiloitering city ordinance is unconstitutionally vague and offers the following language in support. “It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.” Grayned v. City of Rockford, 408 U.S. 104, 108, 92 S. Ct. 2294,…
From the abstract: “The integration of algorithmic decision making and artificial intelligence (“AI”) into facial recognition technology poses new, unprecedented risks to privacy and individual autonomy rights, particularly in urban settings. The murder of Brian Thompson, CEO of UnitedHealthcare, in New York City on December 4, 2024, provides a timely case study to examine the…
