Sixteen year old Justin Kuhl was questioned by police regarding a false bomb threat phoned into his school. The questioning was done in the school office with the juvenile’s parents present.  The parents and the juvenile were told they were free to leave or discontinue the questioning at any time.  No Miranda warnings were provided.  The trial court suppressed the juvenile’s statements based on the a determination that Miranda warnings should have been given because the juvenile was the “focus of the investigation”.

The Court of Appeals reversed the order suppressing the juvenile’s statement.  The fact that the juvenile is the focus of the investigation is not determinative of whether Miranda warnings need to be given.  Rather, it is the totality of the circumstances surrounding the voluntary or coerced nature of the statement  which matters.  In this case, the juvenile was free to leave, was permitted to discontinue answering questions at any time, was not sick, deprived of food, prevented from receiving necessary medication, sleep deprived or under the influence of drugs or alcohol during the time he was questioned.  No Miranda warnings were necessary.  The juvenile’s statements were voluntary and, therefore, the suppression order was reversed.

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Last updated: 12-23-04

Send your comments, questions and suggestions to Phil Harter at 161 E Michigan Avenue, Battle Creek, Michigan 49014
or e mail to pharter@calhouncountymi.gov