CASE LAW REVIEW
In re M.S. – 247 Ill. App. 3d 1074 1st D 1st Div: In this case, the court was satisfied with reasonable attempts made by police attempting to make parental notification of the arrest of a 12-year-old who was taken into custody at 7:30pm at his home with his 10-year-old brother. Neither parent was home. Shortly after arrival at the police station, a youth officer attempted to telephone the mother several times but received no answer. The minor did not know his father’s phone number and no listing was available through directory assistance. The officer attempted to contact the minor’s grandmother with the same results.
In re J.J.C. – 294 Ill. App. 3d 227: In this case, the appellate court reversed a lower court’s ruling to deny suppression of a minor’s statement. The minor in question was a 16 year old with a history of emotional and psychiatric problems who had been under psychiatric care for 10 months prior to the arrest. He was diagnosed as bipolar and as having an ADHD disorder. The family psychiatrist testified that the minor would not have been able to understand Miranda warnings and the consequences of waiving them, thus his statement was not allowed.
People v Gardner: In this case, a 16 year old minor made incriminating statements at 12:30am, 2:30am, and a taped statement at 6:30am. The appellate court affirmed admission of the statements observing the defendant was 16, had been arrested on four prior occasions, a youth officer was present at all times, and the defendant had been advised of his rights a number of times and stated he understood them and made no claim of mistreatment by the police.
