In re J.D.B.
Lead Opinion
This сase presents the issue of whether a juvenile who made incriminating revelations to law enforcement officers was in police custody such that the officers should have afforded him the protections of
Two juvenile petitions were filed against the juvenile J.D.B. on 19 October 2005, each alleging one count of breaking and entering and one count of larceny. On 1 December 2005, counsel for J.D.B. filed a motion to suppress certain statements and evidence. After a hearing, the trial court entered an order denying the motion to suppress on 13 December 2005. The trial court did not make findings of fact or conclusions of law at that time. In a transcript of admission filed on 24 January 2006, J.D.B. admitted to all four counts alleged in the juvenile petitions of 19 October 2005, but renewed his objection to the denial of his motion to suppress. Also on 24 January 2006, the trial court entered an order adjudicating J.D.B. delinquent. J.D.B. appealed, inter alia, the denial of his motion to suppress.
The Court of Appeals remanded in pertinent part “to allow the trial court to make the findings of fact necessary to support its determination that [J.D.B.] was not in custody at the time he was questioned.” In re J.B.,
1. On September 24, 2005, [two homes in Chapel Hill] were broken into and various items were stolen, including jewelry [and] a digital camera.
2. J.D.B.], at the time 13 years old, was interviewed by police on the same day as the break-ins after he was seen behind a residence in the same neighborhood.
3. It was later that the police were informed that [J.D.B.] had been seen in possession of a digital camera at school, which camera turned out to be the camera stolen [on September 24, 2005].
4. Investigator Joseph DiCostanzo of the Chapel Hill Police Department was assigned the investigation and went to the juvenile’s school to speak with him.
5. [J.D.B.] is in the seventh grade and enrolled in special education classes.
6. [J.D.B.] was escorted from his class and into a conference room to be interviewed. Present in the room were. Investigator DiCostanzo, Assistant Principal David Lyons, a school resource officer and an intern. The door was closed, but not locked.
7. [J.D.B.] was not administered Miranda warning[s] and was not offered the opportunity to speak to a parent or guardian prior to the commencement of questioning. Additionally, no parent or guardian was contacted prior to [J.D.B.]’s removal from class.
8. Investigator DiCostanzo asked [J.D.B.] if he would agree to answer questions about recent break-ins. [J.D.B.] consented.
9. [J.D.B.] stated that he had been in the neighborhood looking for work mowing lawns and initially denied any criminal activity.
10. Lyons then encouraged [J.D.B.] to “do the right thing” and tell the truth.
11. The investigator questioned him further and confronted him with the fact that the camera had been found.
12. Upon [J.D.B.]’s inquiry as to whether he would still be in trouble if he gave the items back, the investigator responded.that it would be helpful, but that the matter was still going to court and that he may have to seek a securе custody order.
13. [J.D.B.] then confessed to entering the houses and taking certain items together with another juvenile.
14. The investigator informed [J.D.B.] that he did not have to speak with him and that he was free to leave. He asked him if [he] understood that he was not under arrest and did not have to talk with the investigator.
15. [J.D.B.] indicated by nodding “yes” that he understood that he did not have to talk to the officer and that he was free to leave. He continued to provide more details regarding where certain items could be located.
16. [J.D.B.] wrote a statement regarding his involvement in the crime.
17. The bell rang signaling the end of the day and [J.D.B.] was allowed to leave to catch his bus home.
18. The interview lasted from 30 to 45 minutes.
19. The investigator had informed [J.D.B.] that he would see him later and would be speaking to his grandmother and aunt.
20. Investigator DiCostanzo and Officer Hunter went to the home of [J.D.B.], but found no one home. When [J.D.B.] arrived, he told the officers they could look around and he would show them where the jewelry was located.
21. Investigator DiCostanzo informed [J.D.B.] that he needed to obtain a search warrant and left Officer Hunter to wait outside [J.D.B. ]’s home.
22. While awaiting the search warrant, [J.D.B.] brought a ring tо the officer from inside the home.
23. Upon the investigator’s return with the warrant, [J.D.B.] entered the home with the officers and handed them several stolen items and led the investigator to where other items could be found on the roof of a gas station down the road. During the entire time that the officers were at his residence and travelling with him to the BP station, no parent or guardian was contacted or advised of the situation. [J.D.B.] • was not advised of his Miranda warnings or told he had the right to speak to or have a parent or guardian present.
24. Investigator DiCostanzo left his card and a copy of the search warrant at [J.D.B.]’s residence.
25. All of [J.D.B. ]’s responses to the officer’s questions were appropriately responsive, indicating that he was capable of understanding the fact that he did not have to answer questions.
26. All of [J.D.B.]’s responses to counsel during the suppression hearing were appropriately responsive.
J.D.B. again appealed the denial of his motion to suppress. The Court of Appeals affirmed the decision of the trial court, concluding that “J.D.B. was not in custody during his interactions with officers.” In re J.D.B., — N.C. App.-, -,
We begin our review by noting that the trial court’s findings of fact are uncontested and therefore, binding on this Court. E.g., Koufman v. Koufman,
J.D.B. argues that he was in police custody when he incriminated himself and thus, that his rights were violated when he was interrogated without proper warnings under Miranda and
that when an individual is taken into custody or otherwise deprived of his freedom by the authorities in any significant way and is subjected to questioning, the [Fifth Amendment] privilege against self-incrimination is jeopardized. . . . [The individual] must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will bе appointed for him prior to any questioning if he so desires.
(a) Any juvenile in custody must be advised prior to questioning:
(1) That the juvenile has a right to remain silent;
(2) That any statement the juvenile does make can be and may be used against the juvenile;
(3) That the juvenile has a right to have a parent, guardian, or custodian present during questioning; and
(4) That the juvenile has a right to consult with an attorney and that one will be appointed for the juvenile if the juvenile is not represented and wants representation.
The protections of Miranda and
The uniquely structured nature of the school environment inherently deprives students of some freedom of action. However, the typical restrictions of the school setting apply to all students and do not constitute a “significant” deprivation of freedom of action under the test set forth in Greene.
In the instant case, J.D.B. was escorted from class to a conference room, where Investigator
Immediately following J.D.B.’s initial confession, Investigator DiCostanzo “informed [J.D.B.] that he did not have to speak with him and that he was free to leave. He asked him if [he] understood that he was not under arrest and did not have to talk with the investigator,” and J.D.B. “indicated by nodding ‘yes’ that he understood.” After J.D.B. acknowledged that he understood he was not under arrest and was free to leave, J.D.B. continued to provide information about the break-ins and “wrote a statement regarding his involvement in the crime.” After the intеrview, which “lasted from 30 to 45 minutes,” J.D.B. left the conference room without hindrance. See Oregon v. Mathiason,
J.D.B. argues, as did the dissenting judge in the Court of Appeals, that the inquiry into whether he was in custody should take into consideration J.D.B.’s age and his status as a special education student. This Court has not accounted for such matters in conducting the proper custody inquiry in the past. In the recent case of In re W.R., for example, we considered whether the questioning of a fourteen-year-old juvenile was custodial in nature.
We reiterate that the custody inquiry is “an objective test as to whether á reasonable person in the position of the defendant would believe himself to be in custody or that he
Because we conclude that J.D.B. was not in custody when he incriminated himself to the police, we hold that he was not entitled to the protections of
AFFIRMED.
Notes
. We are aware that Alvarado is not binding on this Court because the Supreme Court of the United States merely held in that case that “[t]he state court considered the proper factors and reached a reasonable conclusion” and, thus, that an application for a writ of habeas corpus under
Dissenting Opinion
dissenting.
The issue in this case is whether J.D.B., a thirteen year old special education student at Smith Middle School in Chapel Hill, North Carolina, was significantly deprived of his freedom of movement and thus entitled to the protections of the Fifth Amendment of the United States Constitution and
Tension has long existed between the interests of law enforcement in conducting efficient criminal investigations and the individual’s constitutional right against self-incrimination. Throughout American history the “incommunicado” nature of police investigations has led to the use of physical violence and psychological coercion to elicit criminal confessions. See Miranda v. Arizona,
(1) That [he] has the right to remain silent;
(2) That any statement [he] does make can be and may be used against [him];
(3) That [he] has a right to have a parent, guardian, or custodian present during questioning; and
(4) That [he] has a right to consult with an attorney and that one will be appointed for [him] if [he] is not represented and wants representation.
An individual is entitled to Miranda warnings and the protections of
Ultimately, the analysis in the instant case hinges upon whether defendant’s аge should be taken into consideration under the reasonable person standard when analyzing the circumstances surrounding the interrogation. The majority contends that Yarborough v. Alvarado,
By failing to consider' age, the majority’s reasonable person standard is too rigid to apply to provisions of the Juvenile Code. It is logical that age should be considered as part of the reasonable person standard in a custody analysis under
Furthermore, the arguments for excluding consideration of age under the reasonable person standard outlined in Alvarado are not present in the instant case. Alvarado’s rationale for excluding age from a custody inquiry was to “give clear guidance to the police,”
Even if the juvenile is not in custody, it is good practice to have him sign a Miranda Rights waiver form before issuing a statement. If the juvenile does not sign a waiver, the officer must document that the juvenile is told that he is not under arrest and free to leave at any time, and that he agreed to talk.
Chapel Hill Police Dep’t, Policy Manual No. 2-12 (Juvenile Response), at 4 (Dec. 15, 2006 (revised)) (emphasis added). In order to protect J.D.B.’s rights and fulfill the purpose of the Juvenile Code, Investigator DiCostanzo should have read J.D.B. his rights under
Because consideration of a subject’s youth is particularly pertinent in analyzing any provision of the Juvenile Code, especially when doing so creates no undue burden on law enforcement officers, the proper inquiry in the instant case when determining whether defendant was in custody for the purposes of
First, the location of the interrogation must be considered. In any planned interrogation, law enforcement carefully chooses the location before questioning begins. The gold standard in enhanced interrogation preparation and training, utilized by both the Central Intelligence Agency and the Federal Bureau of Investigation, is the Army Field Manual on Human Intelligence Collector Operations. The Manual states:
When conducting . . . operations, the location of the questioning will have psychological effects on the source. The questioning location should be chosen and set up to correspond to the effect that the [officer] wants to project and his planned approach techniques. For example, meeting in a social type situation such as a restaurant may place the source at ease. Meeting in an apartment projects informality while meeting in an office projects more formality. Meeting at the source’s home normally places him at a psychological advantage, while meeting in the [officer’s] work area gives the [officer] a psychological edge.
U.S. Dep’t of the Army, Field Manual 2-22.3, Human Intelligence Collector Operations para. 7-12 (Sept. 6, 2006). As a trained investigator would know, the location of the interrogation in the instant case certainly wоuld have a psychological effect on a reasonable person in J.D.B.’s position. A middle school is a restrictive environment. Unlike a university campus, where people may freely come and go, middle school students are not free to leave the campus without permission, and visitors to the school, including parents and guardians of students, must upon arrival report their presence and receive permission to be at the facility. Moreover, students at middle schools are instructed to obey the requests and directives of adults. The Student Handbook at Smith Middle School, where J.D.B. attended, instructs students to “[f]ollow directions of all teachers/adults the first time they are given,” “[s]top moving when an adult addresses” them, and “[w]alk away only after the adult has dismissed” them.
Law enforcement in the instant case took advantage of the middle school’s restrictive environment and its psychological effect by choosing to interrogate J.D.B. there, instead of at his home or in any other public, more neutral location. Certainly, if the larceny J.D.B. was suspected of committing had occurred on school grоunds, law enforcement might understandably investigate suspects there, at the scene of the crime. However, the larceny in question occurred in a residential subdivision, not on the school campus. Law enforcement investigators could have first attempted to question J.D.B. at his residence. Instead, the school was selected as the interrogation site, a location where any reasonable juvenile in J.D.B.’s position would not only be at a psychological disadvantage, but where he would be defenseless, without the protection of a parent or guardian. It is troubling that in the instant case a public middle school, which should be an environment where children feel safe and protected, became a place where a law enforcement investigator claimed a tactical advantage over a juvenile.
Not only was J.D.B., or any reasonable juvenile in his position, at a disadvantage because of the location of the interrogation, but also by the manner in which it was conducted. J.D.B. was sitting in a classroom with his peers when the class was suddenly interrupted by Officer Gurley, Smith Middle Schоol’s resource officer. Officer Gurley removed J.D.B. from the classroom and escorted him to a school conference room. J.D.B. could have been asked by his teacher or any other school official to report to the conference room; instead, he was escorted by a uniformed, armed police officer. The only
When J.D.B. arrived at the conference room, he was met by three other authoritative adults: Mr. Lyons, the school assistant principal; Mr. Benson, an intern with the school; and Investigator DiCostanzo of the Chapel Hill Police Department. J.B.D. was directed to take a seat at a cоnference table and the door to the office was closed. Investigator DiCostanzo was not in uniform,- but dressed in a suit jacket and tie, and he introduced himself to J.D.B. as a juvenile investigator. That a special investigator from the police department, dressed in business attire, was making a special trip to the school would alert any reasonable middle school student that something serious was taking place, something more than a casual conversation about joining the Police Athletic League or participating in the Youth Partnership for Crime Prevention.
With these facts alone, there is enough evidence to conclude that a reasonable juvenile in J.D.B.’s position would have believed he was restrained in his movement to the degree associated with a formal arrest. The majority states that “[f]or a student in the school setting to be deemed in custody, law enforcement must subject the student to ‘restraint on freedom of movement’ that goes well beyond the limitations that are characteristic of the school environment in general.” If removal from a middle school classroоm and being physically escorted by a uniformed, armed police officer to a closed conference room inhabited by four authoritative adults does not qualify as procedures that go well beyond the “typical restrictions” of a “school environment in general,” it is hard to imagine any set of circumstances that the majority would label as a sufficient restraint on movement.
At this point in the interrogation, as noted above, the Chapel Hill Police Department Policy Manual instructs that before any questioning began, Investigator DiCostanzo should have informed J.D.B. of his rights under
Not surprisingly, after Investigator DiCostanzo’s threat of a secure custody order, J.D.B. made incriminating statements linking him to the larceny. When J.D.B. made these statements he had not been advised of his rights. Investigator DiCostanzo’s subsequent statements informing J.D.B. that he did not have to answer any questions and that he was free to leave are therefore irrelevant to this analysis. What these statements in fact do is exhibit crafty and highly questionable investigative tactics. Investigator DiCostanzo’s warning was too little, too late, after J.D.B.’s constitutional rights had been circumvented.
The Standards Manual of the Law Enforcement Agency Accreditation Program states: “When dealing with juveniles, law enforcеment officers should always make use of the least coercive among reasonable alternatives, consistent with preserving public safety, order, and individual liberty.” Comm’n on Accreditation for Law Enforcement Agencies, Inc., Standards for Law Enforcement Agencies ch. 44 (Juvenile Operations), at 44-1 (4th ed. Jan. 1999). The actions of law enforcement in the instant case are inconsistent with these standards and evince a disregard for the protection of juvenile rights. It is disheartening and alarming that today’s majority opinion condones the highly coercive actions of law enforcement in the instant case, which will only encourage law enforcement to disregard the provisions and procedures of
.
. Additionally, amici argue that refusal to follow an order given by a school official can ultimately lead to criminal charges under
. A juvenile held under a secure custody order is entitled to far fewer protections than an adult taken into custody. Once an adult defendant is taken into police custody he is required to be brought before a magistrate for a hearing “without unnecessary delay” pursuant to
Dissenting Opinion
dissenting.
Because I believe the trial court’s conclusions of law reflect an incorrect application of the law to the facts found, I respectfully dissent. “The determination of whether an interrogation is conducted while a person is in custody involves reaching a conclusion of law. While this conclusion may rest upon factual findings, it is a legal conclusion, fully reviewable, and not a finding of fact.” State v. Greene,
Accordingly,... we review the trial court’s conclusions of law for legal accuracy and to ensure that those conclusions reflect[] a correct application of [law] to the facts found. In doing so, this Court must look first to the circumstances surrounding the interrogation and second to the effect those circumstances would have on a reasonable person.
State v. Garcia,
“In Miranda, the Supreme Court defined ‘custodial interrogation’ as ‘questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.’ ” State v. Buchanan,
Here, the trial court determined that J.D.B. was not subjected to custodial interrogation when he was questioned at Smith Middle School. In doing so, the trial court made the following pertinent conclusions of law, which were challenged on appeal:
1. [J.D.B.] was not in custody when he was brought to the conference room to speak to . . . [I]nvestigator [DiCostanzo].
2. The mere presence of . . . [I]nvestigator [DiCostanzo] and the school resource officer did not convert the meeting into a custodial interrogаtion.
3. [J.D.B.] was informed that he was free to leave and that he did not have to answer any questions, but chose to stay and volunteer more information.
In my view, the trial court’s uncontested and binding findings of fact pertaining to the circumstances surrounding the interrogation lead to the conclusion that “a reasonable person in the position of the defendant would [have] believe[d] himself to be in custody or that he had been deprived of his freedom of action in some significant way.” Id. As such, I would hold that: (1) J.D.B. was subjected to custodial interrogation at Smith Middle School; (2) J.D.B. should have been Mirandized and provided the enhanced protections for juveniles contained in
According to the majority, because the school environment “inherently deprives students of some freedom of action,” for a juvenile “to be deemed in custody,” the restraint that law enforcement imposes on the juvenile’s freedom of action or movement while questioning the juvenile at school must go “well beyond the limitations that are characteristic of the school environment in general.” I disagree with this reasoning, primarily because of its potential to seriously undermine the enhanced protections afforded to juveniles by the North Carolina General Assembly,
The decision to interview a student at school could be made to take advantage of the student’s minority [age]. Questioning the student at school, the officer not only takes advantage of the student’s compulsory presence at school and the background norm of submission to authority, but also chooses to interact with the student at a time when the student will not be in the presence of a parent, the figure most likely to have the inclination or ability to either arrange for the presence of counsel or to advise the youth to refuse to answer the officer’s questions.
Paul Holland, Schooling Miranda: Policing Interrogation in the Twenty-First Century Schoolhouse, 52 Loy. L. Rev. 39, 85 n.175 (2006) [hereinafter Holland, Schooling Miranda], I am particularly concerned about creating an incentive for an investigating police officer to enter a middle school to question a juvenile about crimes that may have occurred away from school grounds and to take advantage of the more restrictive school atmosphere without providing the protections of
Even under the majority’s analysis, though, I believe the record here establishes that the restraint on J.D.B.’s freedom of action or movement went “well beyond the limitations that are characteristic of the school environment in general” and thus, subjected J.D.B. to “custodial interrogation.” The school resource officer, who was a uniformed police officer, came to thirteen-year-old J.D.B.’s classroom, removed him from class, and “escorted” him to a conference room where two school officials and Investigator DiCostanzo were waiting for him. No effort was made to contact J.D.B.’s parent or guardian before his removal from class or his questioning. For the entire interrogation, which lasted thirty to forty-five minutes, J.D.B. was isolated in a closed-door conference room in the presence of four authority figures, including two law enforcement officers. Contrary to the trial court’s conclusion of law, Investigator DiCostanzo, аn outside police officer, was not merely present. Rather, it appears that he directed and controlled the interrogation process, which was designed to determine J.D.B.’s role in nonviolent crimes alleged to have occurred outside of school grounds and for which he was a suspect. Despite J.D.B.’s repeated denials of any involvement in the criminal activity, Investigator DiCostanzo continued to question him. At some point during Investigator DiCostanzo’s questioning, Assistant Principal David Lyons encouraged J.D.B. to “ ‘do the right thing’ and tell the truth.” Thereafter, Officer DiCostanzo continued to question J.D.B., confronted him with the stolen camera, and indicated that others had seen the camera in J.D.B.’s possession. Then, J.D.B. made his first incriminating statement, asking if “he would still be in trouble if he gave the items back,” also indicating that J.D.B. believed he was currently “in trouble.” Investigator DiCostanzo responded that either way “the matter was still going to court” and that he might “have to seek a secure custody order,” explaining to J.D.B. that such an order confines a juvenile to a detention center until his court date. After this sequence
In reaching the opposite conclusion, the majority emphasizes that: (1) Investigator DiCostanzo told J.D.B. that he was free to leave, asked him if he understood that he was not under arrest and did not have to speak to him, and that J.D.B. nodded his head indicating he understood; and (2) J.D.B. was not subjected to severe or direct physical restraint, such as an officer standing guard at the door. However, Investigator DiCostanzo did not inform J.D.B. that he was free to leave and not under arrest until after J.D.B. had incriminated himself in response to the interrogation, without having been informed of his Miranda and juvenile statutory rights. I would conclude that this process violated both Miranda and
With regard to stronger indicia of physical control, such as handcuffs or an officer standing guard at the door, this Court has never held that one or more of these indicia must be present to support a determination that an individual is in custody. In fact, in Buchanan this Court stated: “Circumstances supporting an objective showing that one is ‘in custody’ might[, not must,] include a police officer standing guard at the door, locked doors or application of handcuffs.”
As support for its determination that J.D.B. was not subjected to custodial interrogation, the majority cites our recent opinion in In re W.R.,
In In re W.R., unlike here, the juvenile failed to make a motion to suppress or to object when his incriminatory statements were offered into evidence, and the juvenile did not assert at the trial level that his incriminatory statements were obtained in violation of either the Fifth Amendment or
After careful review, we are not prepared based on the limited record before this Court to conclude that the presence and participation of the school resource officer at the request of school administrators conducting the investigation rendered the questioning of respondent juvenile a “custodial interrogation,” requiring Miranda warnings and the protections ofN.C.G.S. § 7B-2101 .
Also numerous important facts bearing on the custody issue distinguish In re W.R. from this case. There, unlike here: (1) the assistant principal and the principal, not a law enforcement officer, took the juvenile out of class and “escorted” him to the principal’s office after a concerned parent called the school and stated that the juvenile had possessed a knife at school and on the school bus the previous day; (2) both school administrators questioned the juvenile about the alleged “in school” incident and not about crimes alleged to have occurred outside of school grounds; (3) the school resource officer apparently was not present at the start of questioning and left the room at various points; (4) no outside police officer participated; and (5) school administrators, not law enforcement, controlled the questioning. Id. at 246,
In further contrast to the majority, I believe J.D.B.’s age, thirteen, (and his status as a middle school student) are relevant considerations in determining “whether a reasonable person in the position of the defendant would [have] believe [d] himself to be in custody or that he had been deprived of his freedom of action in some significant way.” Greene,
Neither this Court nor the United States Supreme Court has held squarely that age can never be relevant to the custody inquiry. Nor did we conduct a custody analysis in In re W.R. without considering the juvenile’s age. Rather, as noted above, this Court simply determined that the record on appeal regarding the role of law enforcement in questioning the juvenile was insufficient on the custody issue. The majority concedes that Alvarado is not binding authority on this Court. Furthermore, while the Supreme Court there held that the state court’s failure to consider the defendant’s age (seventeen) was reasonable in considering custody under Miranda, I conclude that the matter is very different when the interrogation is conducted in school. As Justice O’Connor stated in her concurring opinion in Alvarado, “There may be cases in which a suspect’s age will be relevant to the ‘custody’ inquiry under Miranda.”
It is clear from the enhanced protections given to juveniles that our General Assembly considers age very important under state law, especially when the juvenile is under fourteen, like J.D.B. “To focus on the circumstance of age in a case like this does not complicate the ‘in custody’ inquiry.” Id. at 674-75 ,
Outside officers conducting interviews at schools are likely doing so only when they are looking for a specific student and thus are likely to already know the student’s age. Even if they do not, these оfficers rely on school staff to assist them in establishing contact with the student. These staff members, of course, have access to the student’s records, which will include the age. Seen in this context, courts considering the age of the suspect are not imposing an extra burden of intuition or information on officers but are instead seeing the interrogation in its full context, as it is likely seen by those involved.
Holland, Schooling Miranda 85 (footnote omitted). Here, Investigator DiCostanzo specifically testified that he had been informed by school administrators that J.D.B. was thirteen years old before questioning him.
In sum, I would hold that, under all these circumstances, including his age, J.D.B. was in custody while being questioned at Smith Middle School; consequently, his constitutional and juvenile statutory rights were violated due to law enforcement’s failure to Mirandize him or to comply with
. J.D.B. also argues, and the dissent in the Court of Appeals appears to suggest, that J.D.B.’s enrollment in “special education classes” is a relevant factor to consider in conducting the custody analysis. See In re J.D.B., - N.C. App. -, -,
. In In re R.H., a panel of the Court of Appeals determined that the trial court did not err in denying the juvenile’s motion to suppress his confession because the juvenile was not in custody. In re R.H.,