State v. Horse

KONENKAMP, Justice.

[¶ 1.] This case presents the question whether law enforcement officers can obtain a juvenile’s waiver of Miranda rights while in custody and proceed with interrogation without notice to the juvenile’s parents or guardian. Here, in an investigation for kidnapping and murder, police interrogated a fifteen-year-old without any effort to notify his parents. South Dakota law mandates that law enforcement officers immediately notify a juvenile’s parents, guardian, or custodian when a child is taken into custody, and we determine that a child’s waiver of Fifth Amendment rights…