All the constitutional rights that adults have also are granted to teenagers, or juveniles. Virginia criminal defense attorney and former FBI agent Tony Stelly discusses in this article how the courts must look carefully at confessions made by young people to assure that they are intelligently and knowlingly made, and not the result of police misconduct.

Teen Rights in Police Questioning to Avoid Police Misconduct

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present before you answer any questions, and if you do not have an attorney or cannot afford to hire one, an attorney may be appointed for you. Do you wish to waive these rights and speak to us?"

How many times have you heard these words on television shows or in the movies? Countless times! However, few teenagers and juveniles, really know what the words mean, or why it is important to keep quiet until they have had a chance to confer with a lawyer. Are you embarrassed to admit to an adult that you do not know the meaning of a word? If so, don't count on the police to explain it to you unless you specifically ask?

Although for many years before, FBI agents had routinely been advising suspects of these rights prior to questioning them, it was not until the United States Supreme Court issued its decision in Miranda v. Arizona in 1967 that this FBI practice became “the law of the land.” The reason for the change is that police officers sometimes obtained confessions that were unreliable because the person questioned was ignorant of his right not to answer questions put to him by police, did not realize that trained police officers questioning him were not just “chewing the fat” or “needing your help in solving a case,” but were trying to make a case against him; nor do they reveal that they will use tactics to overcome his will to coerce a confession, including in some cases, deprivations of such things as sleep, food, water and bathroom use in order to get a confession.


A confession by a juvenile or teenager under 18 bears special scrutiny by the courts, because the police often do not allow them to talk to parents or a trusted adult before or during questioning, and many times a youngster is intimidated by the police more easily that an adult, and will have his free will overcome. A juvenile will sometimes say he understands his rights to avoid appearing ignorant or stupid to the police.

If a person gives a confession in violation of his Miranda rights, that confession cannot be used against him in court. It’s as simple as that! But not all questioning by police requires a Miranda warning. The Miranda warnings have to be given before questioning begins after the person is in custody. Note, I did not say, “under arrest.” A person under arrest is certainly “in custody.” However, a person is “in custody” when the police have indicated to him either verbally or in some other manner that he is not free to leave or walk away from them – even if they say, “you’re not under arrest.”

Therefore, before answering any questions posed by the police, the first thing you should ask is if you are free to leave without answering any questions. If the answer is ”no,” then decline to answer them until you confer with an attorney. Always ask to have a parent present before you talk. You may be glad you did!


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©2010 Law Chambers of Anton J. Stelly, All Rights Reserved, Reproduced with Permission
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