State v. Oglesby, 361 N.C. 550 (2007)

Affirmed in Part
Vacated in Part
There is a dissent.

The trial court properly denied the 16-year-old defendant’s motion to suppress his statement, even though he requested to telephone his aunt before making the statement, because an aunt was not “a parent, guardian, or custodian” within the meaning of G.S. 7B-2101(a)(3), and thus, questioning was not required to cease. Referencing the legal definition of the term “guardian,” the court held that a juvenile’s right to a parent, guardian, or custodian only includes a person with “legal authority over the juvenile.”

Motions to Suppress
Custodial Interrogation
Waiver of Rights
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