State v. Horse

[¶ 34.] I respectfully dissent. I would hold that, as no more than a factor to be considered in the totality of the circumstances, the lack of notification of parents, guardians or custodians in this case does not tip the balance in favor of suppressing Robert’s statements. Nor would I hold that it creates a bright line rule that law enforcement must overcome to gain admission of a juvenile’s statement, which was otherwise voluntary.

[¶ 35.] At one point, this Court apparently concludes that SDCL 26-7A-157 does not impose a per se rule of inadmissibility in the absence of parental…