STATE OF NEW JERSEY IN THE INTEREST OF A.A. (FJ-09-0118-17, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-4098-16T3)

STATE OF NEW JERSEY IN THE INTEREST OF A.A. (FJ-09-0118-17, HUDSON COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-4098-16T3) This case presented a novel issue in the context of self-incrimination. The court determined that it is incongruous to require the presence of a parent prior to a waiver of Miranda rights to safeguard a juvenile's right against self-incrimination, yet allow police eavesdropping on the parent-child communication that proves antithetical to that right. The court also determined that this constituted the functional equivalent of police interrogation and therefore Miranda was implicated. Since Miranda warnings were not provided prior to the parent-child communication, the statements resulting from the communication were suppressed.