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People in Interest of L.E.R-N.
Section 19-2.5-203(1) of the Colorado Revised Statutes bars the admission into evidence of any statement made by a juvenile as a result of custodial interrogation unless the juvenile’s parent was present at the interrogation.
In this case, the juvenile contended that his mother’s physical presence during his interrogation didn’t satisfy this statute because she took a phone call as the questioning began and thus wasn’t fully attentive to the interrogation.
The Colorado Court of Appeals rejected the argument and concluded that Section 19-2.5-203(1) doesn’t include a parental attentiveness requirement. Because there is no dispute that the juvenile’s mother was physically present during the interrogation, his statements were properly admitted.
The appeals court also concluded that the evidence was sufficient to support the juvenile’s adjudications of delinquency for possession of a handgun by a juvenile and possession of a large-capacity magazine.
The appeals court affirmed.