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STATE of Louisiana v. Shelvon COOKS
Writ granted. The lower courts erred in not suppressing the statements of defendant, a 15-year-old child who was detained at his school and questioned by police officers as a suspect in a carjacking. Under the circumstances here, a reasonable 15-year-old child would not have felt free to terminate police questioning and leave. See generally J.D.B. v. North Carolina, 564 U.S. 261, 271–272, 131 S.Ct. 2394, 2402–2403, 180 L.Ed.2d 310 (2011). Therefore, the officers were required to administer Miranda warnings at the outset of this custodial interrogation, and they failed to do so. See J.D.B., 564 U.S. at 269, 131 S.Ct. at 2401, quoting Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Accordingly, we grant defendant's application to reverse the lower courts, grant defendant's motion to suppress, and remand to the district court for further proceedings.
REVERSED AND REMANDED
FOOTNOTES
PER CURIAM * FN* Retired Judge Michael Kirby appointed Justice ad hoc, sitting for Clark, J., recused. Chief Judge Susan M. Chehardy of the Court of Appeal, Fifth Circuit, appointed Justice ad hoc sitting for Crain, J.
Weimer, J., would grant and docket. Crichton, J., would grant and docket. Chehardy, would grant and docket.
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Docket No: No. 2019-KK-01684
Decided: December 10, 2019
Court: Supreme Court of Louisiana.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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