State v. Saldierna

I disagree with the majority and would hold that defendant’s statement, “Um, Can I call my mom?” was an unambiguous invocation of his statutory right to have a parent present during custodial interrogation. Assuming arguendo that defendant’s statement was ambiguous, I also disagree with the majority’s conclusion that because defendant’s request was ambiguous his statutory rights under N.C.G.S. § 7B-2101 were not violated. Because I would affirm the Court of Appeals’ holding that law enforcement officers are required to ask questions to clarify the desire and intent of a juvenile who makes an…