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In re Miah S.

Supreme Court of Nebraska

April 3, 2015

IN RE INTEREST OF MIAH S., A CHILD UNDER 18 YEARS OF AGE. STATE OF NEBRASKA, APPELLEE,
v.
MIAH S., APPELLANT

Page 407

[Copyrighted Material Omitted]

Page 408

Appeal from the Separate Juvenile Court of Douglas County: CHRISTOPHER KELLY, Judge.

Joseph Kuehl for appellant.

Donald W. Kleine, Douglas County Attorney, and Cortney Wiresinger for appellee.

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 409

[290 Neb. 608] Heavican, C.J.

NATURE OF CASE

Miah S., the juvenile defendant, was arrested for burglary. Miah initially waived his Miranda rights[1] and agreed to speak to a detective. The next day, two different detectives went to Miah's home to interview him about additional burglaries in the area. The detectives did not readvise Miah of his rights, but did notify him that the warnings from the day before were still in effect. Miah then admitted to being involved in other burglaries and was eventually charged with seven additional counts of burglary.

At trial, Miah filed a motion to suppress the statements made during the second encounter with law enforcement, claiming they were obtained in violation of Miranda. The trial court overruled the motion and subsequently adjudicated Miah as being a minor within Neb. Rev. Stat. § 43-247(2) (Supp. 2013).

We find the juvenile court did not err in overruling the motion to suppress and affirm the adjudication.

[290 Neb. 609] BACKGROUND

Miah was arrested on November 18, 2013, along with four other individuals after they were caught while allegedly burglarizing a home. At the time of the arrest, Miah was 14 years old and had no prior criminal history. The five individuals were transported to central police headquarters in Omaha, Nebraska, and were interviewed by detectives. Miah and another suspect were interviewed by Det. Rosemary Henn. Det. Shawn Loontjer interviewed two of the other suspects, and Det. Chris Perchal interviewed the fifth suspect.

Prior to questioning, Henn advised Miah of his rights under Miranda by reading the standard Omaha Police Department rights advisory form. Henn testified that Miah appeared to understand his rights and that Miah stated he wished to speak to her at that time. The interview lasted 45 minutes to an hour, and at the end of the interview, Miah was booked for the burglary. Miah was released to his home and placed on an electronic monitoring program.

During their interrogations, two of the other suspects admitted to participating in multiple burglaries. On the next day, November 19, 2013, Loontjer and Perchal went to Miah's home to follow up on Miah's possible participation in the other burglaries. The record is silent as to exactly how much time passed between the two interviews, but at oral argument, counsel for Miah indicated that less than 24 hours had passed.

Miah's mother answered the door, and Loontjer asked if they ...


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