UTAH CHILDREN SUBJECT TO POLICE INTERROGATION MUST BE VIDEOTAPED—EFF 05/01/2024
Utah has given juveniles being questioned for crimes (called delinquencies) many, many more protections than adults have. Police failure to abide by these protections lead to presumptions of inadmissibility.
Juveniles under 18 years old being interrogated by the police have the following protections.
(1). Recorded. The juvenile police custodial interrogation must be recorded. Adult interrogations are often recorded, but are not required to be recorded. Failure to record automatically presume any admissions inadmissible in court.
(2). False Info by Police. The police can’t use false or misleading information or mention leniency during the interrogations. Children are most certainly susceptible for leading and misunderstanding, especially during high stress involvements with police officers. Allowing police to intentionally use misleading or false information to secure juvenile confessions is ripe with error. With consenting, intelligent adults, it has led to false confessions and will especially with children.
Utah does not allow police to make an unauthorized offer of leniency during juvenile custodial interrogations. If authorized by the prosecutor, then police can make leniency offers, but that is highly unlikely to have been coordinated prior to a reactive child interview.
(3). Juvenile has a right to a “Friendly Adult” Present. In addition to having a right to a parent present or attorney present the juvenile has a right to a “friendly adult” during the police custodial interrogation. “Friendly adult” is defined by the statute to mean: “who has an established relationship with the child to the extent that the adult can provide meaningful advice and concerned help to the child should the need arise; and who is not hostile or adverse to the child’s interest. “Friendly adult” does not include a parent or guardian of the child.” 
Children accused of juvenile delinquencies have a right to a “friendly adult” when:
(a). There is reason to believe the parents are or have abused the child.
(b). The child’s parents are adverse to the child, are co-conspirators in the crime or are victims of the crime alleged to have been committed.
(4). Parent Present During Interrogation. Juveniles have a right to have parents or guardians present. Cops must try to find the legal custodians for at-least one hour.
(5). Strict Miranda Warning Must be Read. Miranda warnings still must be read to all adults or children accused of crimes who are under custodial interrogation. The juvenile interrogation statute outlines what must be advised to the child, which mirrors the federal Miranda warnings.
(6). Detention or Secure Facility Require Attorney Consultation. If the child is being taken to a secure facility (juvenile prison equivalent) or detention (juvenile county jail equivalent) the juvenile MUST have a court appointed attorney present during the interrogation. The juvenile must have a reasonable opportunity to consult with their retained or appointed attorney prior to waiving any rights. If already at a facility, an attorney must be present.
(7). Presumption (Rebuttal) Interrogation is not Admissible. Any failure of police officer or probation officer to comply with Utah Code 80-6-206 it is presumed that the interview is: Not admissible and the admissions were not intelligently, knowingly or voluntarily made.
The prosecution can rebut the presumption of inadmissibility if they can show by a preponderance of the evidence that voluntary waiver occurred.
The statute defines custody and interrogation and only when in custodial interrogation are the right enumerated in 80-6-206 triggered.
“Custodial interrogation” means any interrogation of a child while the individual is in custody.
“Interrogation” means any express questioning or any words or actions that are reasonably likely to elicit an incriminating response.
“Interrogation” does not include words or actions normally attendant to arrest and custody.
The famous Miranda Warnings established by the Warren Court in 1996 held that when criminal subjects where in police “custodial interrogation” that triggered the Miranda rights to:
(1). You have the right to remain silent. (2). You have the right to talk to a lawyer. (3). You have the right to have a lawyer with you during questioning. (4). If you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. (5). If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time.
What “Custodial Interrogation” means for triggering the federal and state Miranda rights is well established in case law and is fact specific. Basically “custodial Interrogation” is that you are being questioned by the cops about matters that may incriminate you and you are not free to leave.
The juvenile interrogation of a child appears to piggy back on the constitutional meaning and caselaw of custodial interrogation.
It is not clear whether the statute gives greater protections than the federal Miranda warnings already give.
If your child was interviewed without your attendance your defense attorney should be looking to strike the interviews under this statute and for being constitutionally involuntary. All confessions must be voluntarily given, as to both adults and children.
Effective 5/5/2021 78B-22-204. Waiver by a minor.
A minor may not waive the right to be represented by counsel at all stages of court proceedings unless:
(1.) the minor has consulted with counsel; and
(2.) the court is satisfied that in light of the minor’s unique circumstances and attributes:
(a) the minor’s waiver is knowing and voluntary; and
(b) the minor understands the consequences of the waiver.
