State v. Filemon V.

VIGIL, Justice.

I. INTRODUCTION

{1} In this case we reexamine a juvenile's right to be free from self-incrimination, as secured by the Fifth Amendment of the United States Constitution and the Basic Rights provision under the Delinquency Act of the Children's Code, NMSA 1978, Section 32A-2-14 (2009). The State appeals the suppression of two statements made by sixteen-year-old Filemon V.

{2} Filemon made the first statement to his probation officers. We hold that, absent a valid waiver, Section 32A-2-14(C) precludes the admission of Filemon's statement to his probation officers while in…