Minor was charged with delivery of a controlled substance and unlawful possession of a controlled substance. Court properly suppressed statement minor made at police station. Minor was under age 18 when alleged offenses were committed and statement at issue was made at a police station, when minor was subject to a custodial interrogation. As the custodial interrogation was not electronically recorded as required by Section 5-401.5(b) of Juvenile Court Act, statement is presumptively inadmissible. Court erred in suppressing statement he made at his high school. School personnel were not "other public officials or employees" and thus were not required to precede their questioning of minor with statement and questions set forth in Section 5-401(a-5) of Juvenile Court Act. (SCHOSTOK and SPENCE, concurring.)
Illinois Appellate Court
Criminal Court
Motions to Suppress