does a child in OK have to be read miranda even if not in custody.
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does a child in OK have to be read miranda even if not in custody.
I was looking at State v. M.A.L. and it seems to indicate that if they are being questioned as a suspect they must be read miranda even if not in custody. That is an OK case 1988 OK CR 274 Case number S-88-361decided 11-23-1988Oklahoma court of criminal appeals
Asked on May 19, 2009 under Criminal Law, Oklahoma
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Looking at just one case, in isolation, is a good way to get bad information about the law. I'm not sure that this is a case from the highest court in Oklahoma; if not, the decision could have been reversed on appeal. You're also citing a docket number, not an official case reporter, so it's not clear that the opinion has been published; if not, it isn't binding precedent. And in the area of criminal procedure, especially, a 20-year-old case is often no more than ancient history, even if it is a reported case from the state's highest court.
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