It's often remarked by lawyers dealing with children, that they just don't have the same quality or quantity of constitutional protections as adults. In a recent decision, the New Mexico Court of Appeals have made clear that, in at least one area, they have exactly the same amount of rights.
In State v. Randy, 2011-NMCA-105, consistent with the rights of adults, the Court observed that "[w]henever children are subject to an investigatory detention, they must be advised of their right to remain silent and advised that anything they say can be used against them."
However, also consistent with the rights of the adults, the Court went on to hold that a "[c]hild's responses during the field sobriety tests, results of the blood test, and Child's implied consent to the blood test are not statements that are subject to suppression under Section 32-2-14(D)," the state's Delinquency Act.
However, also consistent with the rights of the adults, the Court went on to hold that a "[c]hild's responses during the field sobriety tests, results of the blood test, and Child's implied consent to the blood test are not statements that are subject to suppression under Section 32-2-14(D)," the state's Delinquency Act.
If you are interested in child-related mediation or GAL (guardian ad litem) services, please contact Pilar Vaile, P.C. at (505) 247-0802, or info@pilarvailepc.com.
