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U.S. v. DOE

Nos. 95-10455, 95-10561.

155 F.3d 1070 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. John DOE, a Juvenile, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. John DOE, a Juvenile, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1998.

Attorney(s) appearing for the Case

Gerald A. Williams, Assistant Federal Public Defender, Phoenix, Arizona, for defendant-appellant.

Vincent Q. Kirby, Georgia B. Ellexson, Assistant United States Attorney's, Phoenix, Arizona, for plaintiff-appellee.

Before: HUG, Chief Circuit Judge; FLETCHER, PREGERSON, REINHARDT, HALL, BRUNETTI, THOMPSON, O'SCANNLAIN, THOMAS G. NELSON, HAWKINS, and TASHIMA, Circuit Judges.

BRUNETTI, Circuit Judge:

John Doe petitioned for rehearing from the March 27, 1997, Ninth Circuit reversal of the district court's order to suppress statements Doe made, while a juvenile, after waiving his Miranda rights but without parental notification. We have taken this case en banc to reconsider two issues. First, whether failure to notify a juvenile's parent of his arrest is a constitutional due process violation that requires suppression of the juvenile...

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