State v. Rodriguez

A 15-year-old defendant did not knowingly and intelligently waive his constitutional rights where the police misinformed him that his mother was the only person who could exercise those rights.

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Police arrested fifteen-year-old Carlos Rodriguez on two counts of murder and two counts of aggravated assault. The investigating officers misinformed Rodriguez that his mother had the right to decide whether he should speak to police or have an attorney present. After an extensive discussion about whether talking to police would help the accused, he and his mother signed a waiver form and police interrogated him. Rodriguez filed a motion to suppress the statement, which the trial court granted on the grounds that it was not voluntary and any waiver was not made knowingly and intelligently. Because the totality of the circumstances shows that Rodriguez did not knowingly and intelligently waive his constitutional rights and voluntarily make a statement, we affirm.

The question of whether a juvenile has made a knowing and intelligent waiver of his constitutional right to remain silent under the Fifth Amendment and right to counsel under the Sixth Amendment depends on the totality of the circumstances.1 The government has a “heavy burden” in demonstrating that the juvenile understood and waived his rights.2 Among the factors to be considered are the accused’s age and education; his knowledge of the charge and his constitutional rights; his ability to consult with family, friends, or an attorney; the length, method, and time of the interrogation; and whether he previously had refused to give a statement or repudiated the statement later.3 On appeal, we accept the trial court’s findings on disputed facts and credibility of witnesses unless clearly erroneous, but independently apply the law to the facts.4

State v. Rodriguez

A 15-year-old defendant did not knowingly and intelligently waive his constitutional rights where the police misinformed him that his mother was the only person who could exercise those rights.

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