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STATE v. DOE

No. 22797.

948 P.2d 166 (1997)

130 Idaho 811

In the Interest of John Doe, a child under eighteen years of age. STATE of Idaho, Plaintiff-Respondent, v. John DOE, a child under eighteen years of age, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied December 24, 1997.

Attorney(s) appearing for the Case

Alan E. Trimming, Ada County Public Defender; Erik J. Glatte, Deputy Public Defender (argued), Boise, for Defendant-Appellant.

Alan G. Lance, Attorney General; Michael A. Henderson, Deputy Attorney General (argued), Boise, for Plaintiff-Respondent.

LANSING, Judge.

This case involves the admissibility of incriminating statements made by a ten-year-old boy, John Doe, while he was being questioned by a police officer at the boy's elementary school. The issue we address is whether the child's statements to the officer should be suppressed because they were made during a custodial interrogation without Miranda warnings. We hold that suppression is required.

FACTS AND PROCEDURAL BACKGROUND

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