United States ex rel. Stephen J. B. v. Shelly

IRVING R. KAUFMAN, Circuit Judge:

This appeal presents a single question: did the sixteen year old defendant voluntarily waive his right to remain silent when questioned by the police?

I. Introduction

There is no basic dispute about the facts. The defendant, Stephen J. B., and a teen-age friend were guests at a wedding. On the return trip in the friend’s parents’ car, Stephen, who had apparently had too much to drink, became sick. The parents in their annoyance put the two out on the road some miles from home. At some point late that night or early the next morning the boys took a parked car,…