North Carolina § 7B-2101 - Interrogation procedures.

§ 7B-2101. Interrogation procedures.

Any juvenile in custody must be advised prior to questioning: That the juvenile has a right to remain silent; That any statement the juvenile does make can be and may be used against the juvenile; That the juvenile has a right to have a parent, guardian, or custodian present during questioning; and That the juvenile has a right to consult with an attorney and that one will be appointed for the juvenile if the juvenile is not represented and wants representation. When the juvenile is less than 16 years of age, no in-custody admission or confession resulting from interrogation may be admitted into evidence unless the confession or admission was made in the presence of the juvenile's parent, guardian, custodian, or attorney. If an attorney is not present, the parent, guardian, or custodian as well as the juvenile must be advised of the juvenile's rights as set out in subsection (a) of this section; however, a parent, guardian, or custodian may not waive any right on behalf of the juvenile. If the juvenile indicates in any manner and at any stage of questioning pursuant to this section that the juvenile does not wish to be questioned further, the officer shall cease questioning. Before admitting into evidence any statement resulting from custodial interrogation, the court shall find that the juvenile knowingly, willingly, and understandingly waived the juvenile's rights. History (1979, c. 815, s. 1; 1998-202, s. 6; 2015-58, s. 1.1.) Editor's Note. - Session Laws 2015-58, s. 4, made the substitution of "less than 16 years of age" for "less than 14 years of age" in the first sentence of subsection (b) of this section by Session Laws 2015-58, s. 1.1, applicable to offenses committed on or after December 1, 2015. Effect of Amendments. - Session Laws 2015-58, s. 1.1, effective December 1, 2015, substituted "less than 16 years of age" for "less than 14 years of age" in the first sentence of subsection (b). For applicability, see editor's note. Legal Periodicals. - For survey of 1979 family law, see 58 N.C.L. Rev. 1471 (1980). For article, "Failing to Serve and Protect: A Proposal for an Amendment to a Juvenile's Right to a Parent, Guardian, or Custodian During a Police Interrogation After State v. Oglesby," see 86 N.C.L. Rev. 1685 (2008). For article, "You're Only as 'Free to Leave' as You Feel: Police Encounters with Juveniles and the Trouble with Differential Standards for Investigatory Stops Under In re I.R.T," see 88 N.C.L. Rev. 1389 (2010). For article, "Simple Justice: In re J.D.B. and Custodial Interrogations," see 89 N.C. L. Rev. 685 (2011). For article, "No Brothers Allowed: How Expanding a Juvenile's Miranda Rights Backfired on a North Carolina Sheriff's Department," 89 N.C.L. Rev. 1A (2011). For article, "Simple Justice: In re J.D.B. and Custodial Interrogations," 89 N.C.L. Rev. 685 (2011). For article, "Silence, Confessions, and the New Accuracy Imperative," see 65 Duke L.J. 697 (2016).