In Re M.L.T.H., 200 N.C. App. 476 (Nov. 3, 2009)

The trial court erred by denying the juvenile’s motion to suppress his incriminating statement where the juvenile’s waiver was not made “knowingly, willingly, and understandingly.” The juvenile was not properly advised of his right to have a parent, guardian, or custodian present during questioning. After being told that he had a “right to have a parent, guardian, custodian, or any other person present,” the juvenile elected to have his brother present. The brother was not a parent, guardian or custodian.