In re E.W.

Dooley, J.,

¶ 24. dissenting. E.W. bore the burden of demonstrating that he was in custody at the time that he made incriminating statements, and he failed to make this showing. The facts as found demonstrate that the interview took place at E.W.’s home; the interview was conducted by one officer, who did not communicate a belief in E.W.’s guilt or confront E.W. with evidence of the crime; E.W. was free to move around; the interview was terminated at several points to allow him to consult with his foster father; and no deceptive interview techniques were used. Under these circumstances, a…