In the Interest of J.D.Z.
North Dakota Supreme Court
431 N.W.2d 272 (1988)
- Written by Mary Katherine Cunningham, JD
Facts
A drilling rig and trencher was vandalized, and a tip identified J.D.Z. (defendant) as a suspect or a witness to the crime. Officer Rummel spoke to J.D.Z. in his mother K.P. and stepfather B.P.’s house. After asking J.D.Z. a few questions, Officer Rummel told J.D.Z. that he did not believe the minor was telling the truth, and B.P. also told J.D.Z. that he did not believe J.D.Z. Officer Rummel stated J.D.Z. was not under arrest and did not have to answer any questions. B.P. then asked J.D.Z. a series of questions. J.D.Z. eventually confessed that he engaged in the vandalism with another minor. The state then brought a petition to declare J.D.Z. a delinquent child. At a hearing, the juvenile court suppressed J.D.Z.’s confession, holding the police obtained the confession in violation of J.D.Z.’s statutory and constitutional rights. The court then dismissed the petition, and the state (plaintiff) appealed.
Rule of Law
Issue
Holding and Reasoning (Erickstad, C.J.)
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