In the Matter of A.N.C., Jr, 225 N.C. App. 315 (2013)
A 13-year-old juvenile who made an incriminating statement to an officer during roadside questioning at the scene of an automobile accident was not in custody. An officer saw the juvenile and two others leaving the scene of an accident involving a car that crashed into a utility pole. The officer stopped the boys and after several minutes of conversation the juvenile, age 13, admitted that he had been driving the car, which belonged to his mother. The juvenile was adjudicated delinquent for unauthorized use of a motor vehicle, operating a motor vehicle without being properly licensed, and operating a motor vehicle in a reckless manner. On appeal the juvenile argued that his Miranda rights had been violated and that his statement to the officer was involuntary. Noting that under J.D.B. v. North Carolina, 131 S. Ct. 2394, 2406 (2011), a reviewing court must take into account a juvenile’s age if it was known to the officer or would have been objectively apparent to a reasonable officer, the court nevertheless concluded that the juvenile was not in custody. The fact that he was legally required to remain at the scene of an accident and provide identifying information did not mean that he was in custody or that his 5th Amendment rights were violated.