In the Matter of M.L.T.H., 200 N.C. App. 476 (2009)

The court held that the 15-year-old juvenile’s Miranda waiver was not made “knowingly, willingly, and understandingly” where he was advised incorrectly as to his right to have a person who was not his parent, guardian, or custodian present during his custodial interview and he chose his older brother, who did not have legal authority to consent on his behalf. The advisement and related form should have informed the juvenile that he had a right to have a “parent, guardian, or custodian” present. Adding “or any other person” gave the juvenile an improper choice and rendered the advisement insufficient. The purpose of the right is to ensure that the juvenile understands his situation and the warnings he is given. Cases emphasize the legal authority of the person the juvenile has a right to have present.