4.29.26 - Interrogation - Miranda Review

Fact Pattern 1: Detainment/Custody and Miranda (Newark, NJ)

It’s 3:20 p.m. on a school day in Newark. Jordan, a 15-year-old, is walking to the bus stop when two officers step out of a patrol car and call out, “Hey—can we talk to you for a minute?”

Jordan stops. One officer stands close in front of Jordan while the other officer stands a few feet behind. The first officer says there was a theft reported nearby and asks where Jordan has been.

Jordan says they just left school. The officer then says, “Let me see your phone for a second,” and takes Jordan’s phone “to check something.” Jordan asks, “Am I in trouble? Can I go?” The officer replies, “You’re not under arrest, but just hang tight.”

A few minutes later the officer says, “Come sit in the back of the car so we can talk where it’s quieter.” The rear door is opened and Jordan gets in. The officers remain outside the car at first, then one officer sits in the front seat and continues asking questions. Jordan asks again to leave, and the officer says, “Not yet—we’re sorting this out.”

After about 45 minutes, Jordan is driven to the precinct “to clear things up.” At the precinct, Jordan is placed in a small interview room. The door is closed. Jordan is told to “stay put.” No parent or guardian has been contacted. The officers repeatedly say they “already know what happened” and that “this will go easier” if Jordan admits it.

Jordan eventually says, “Fine—I was there. I helped my friend take the backpack.”

Fact Pattern 2: Voluntariness of a Confession (Trenton, NJ)

At 9:10 p.m. in Trenton, police pick up Maya, a 16-year-old, at her home to ask questions about a robbery. Maya is taken to the station. An officer reads Maya Miranda rights. Maya signs a waiver form.

Maya asks if her mom can be in the room. The officer says, “Your mom can wait in the lobby. We’ll talk faster if it’s just us.” Maya’s mom arrives about 30 minutes later and asks to see Maya. The officer tells her, “We’re in the middle of the interview. You can see her soon.”

The interview continues late into the night. Maya is told, “We already have video of you,” even though the officers do not actually have video. The officers also say, “If you just tell us what happened, you can go home tonight,” and “If you don’t cooperate, the judge is going to throw the book at you.”

Maya says she’s tired and asks for a break. The officers say, “We’re almost done,” and keep questioning. By 12:45 a.m., Maya has not eaten since dinner and has been crying. She finally says, “Okay—I did it. I was the one who grabbed the wallet.”