Notes of Decisions
Cited in
22
cases (
1 in the last 5 years), 1999–2024 · leading case:
State v. Ellis, 2009 MT 192, 210 P.3d 144.
State v. Ellis, 2009 MT 192, 210 P.3d 144.
· cites it 24× “We observed in Schwarz that [a]lthough § 41-5-331, MCA, only addresses a youth's constitutional right against self-incrimination, it nonetheless supports the principle that a minor who cannot waive her own rights without parental permission or legal counsel, cannot waive her…”
Evans v. Montana Eleventh Jud. Dist. Court, 2000 MT 38, 995 P.2d 455.
· cites it 15× “¶ 13 Evans filed a motion to suppress his confession in District Court on the basis that his waiver of rights while in custody, without consent of his parent or advice of counsel, was invalid under § 41-5-331, MCA, and that his confession was not knowing and voluntary.”
State v. McKee, 2006 MT 5, 127 P.3d 445.
· cites it 11× “Section 41-5-331, MCA, states the following: 41-5-331.”
State v. Cates, 2009 MT 94, 204 P.3d 1224.
· cites it 8× “Prior to the interrogation, Officer Danzer advised Cates of his Miranda rights but did not properly advise him of his right to parental notification under § 41-5-331(1)(b), MCA, which reads as follows: When a youth is taken into custody for questioning upon a matter that could…”
State v. Elison, 2000 MT 288, 14 P.3d 456.
· cites it 4× “2d 455, 458 (discussing definition of "youth taken into custody for questioning" pursuant to § 41-5-331, MCA). ¶ 32 Elison also claims that Officer Conrad's prearrest questioning exceeded *466 the scope of the stop because it was not designed to determine whether he was a…”
In re Z.M., 2007 MT 122, 160 P.3d 490.
· cites it 7× “Section 41-5-331, MCA, provides in relevant part: (1) When a youth is taken into custody for questioning upon a matter that could result in a petition alleging that the youth is either a delinquent youth or a youth in need of intervention, the following requirements must be met:…”
State v. Schwarz, 2006 MT 120, 136 P.3d 989.
· cites it 6× “Although § 41-5-331, MCA, only addresses a youth’s constitutional right against self-incrimination, it nonetheless supports the principle that a minor who cannot waive her own rights without parental permission or legal counsel, cannot waive her parent’s privacy rights.”
State v. R. Talksabout, 2017 MT 79, 392 P.3d 574.
· cites it 4× “By analogy, the youth court may order a pre-dispositional “psychological evaluation” of a youth “if the youth waives the youth’s constitutional rights in the manner provided for in” § 41-5-331, MCA. Section 41-5-1503, MCA. At the time of the pre-adjudication psychosexual…”
In re C.T.P., 2004 MT 63, 87 P.3d 399.
· cites it 13× “Under § 41-5-331, MCA, a youth must be advised of his right against self-incrimination and his right to counsel, and the record does not reflect that this was done for C.”
In re C.L., 2004 MT 71, 87 P.3d 462.
· cites it 11× “’s motion to suppress his confession? ¶9 Section 41-5-331, MCA, provides, in pertinent part, as follows: (1) When a youth is taken into custody for questioning upon a *372 matter that could result in a petition alleging that the youth is either a delinquent youth or a youth in…”
Nicholas v. People, 973 P.2d 1213 (Colo. 1999).
“11 (1997); Mont.Code Ann. § 41-5-331(2) (1998); N.C.”
In re K.J., 2010 MT 41, 231 P.3d 75.
· cites it 3× “equates this situation to a “custodial interrogation” that triggers the procedural requirements of § 41-5-331, MCA. ¶17 The State counters that K.”
Mont. Code Ann. § 41-5-331(1): 2 cases
In re C.T.P., 2004 MT 63, 87 P.3d 399.
“Under § 41-5-331, MCA, a youth must be advised of his right against self-incrimination and his right to counsel, and the record does not reflect that this was done for C.”
Mont. Code Ann. § 41-5-331(1)(b): 1 case
State v. Cates, 2009 MT 94, 204 P.3d 1224.
“Prior to the interrogation, Officer Danzer advised Cates of his Miranda rights but did not properly advise him of his right to parental notification under § 41-5-331(1)(b), MCA, which reads as follows: When a youth is taken into custody for questioning upon a matter that could…”
Mont. Code Ann. § 41-5-331(2): 6 cases
State v. Ellis, 2009 MT 192, 210 P.3d 144.
“We observed in Schwarz that [a]lthough § 41-5-331, MCA, only addresses a youth's constitutional right against self-incrimination, it nonetheless supports the principle that a minor who cannot waive her own rights without parental permission or legal counsel, cannot waive her…”
State v. Schwarz, 2006 MT 120, 136 P.3d 989.
“Although § 41-5-331, MCA, only addresses a youth’s constitutional right against self-incrimination, it nonetheless supports the principle that a minor who cannot waive her own rights without parental permission or legal counsel, cannot waive her parent’s privacy rights.”
Nicholas v. People, 973 P.2d 1213 (Colo. 1999).
“11 (1997); Mont.Code Ann. § 41-5-331(2) (1998); N.C.”
In re C.T.P., 2004 MT 63, 87 P.3d 399.
“Under § 41-5-331, MCA, a youth must be advised of his right against self-incrimination and his right to counsel, and the record does not reflect that this was done for C.”
Mont. Code Ann. § 41-5-331(2)(a): 2 cases
Mont. Code Ann. § 41-5-331(2)(b): 2 cases
In re C.L., 2004 MT 71, 87 P.3d 462.
“’s motion to suppress his confession? ¶9 Section 41-5-331, MCA, provides, in pertinent part, as follows: (1) When a youth is taken into custody for questioning upon a *372 matter that could result in a petition alleging that the youth is either a delinquent youth or a youth in…”
Mont. Code Ann. § 41-5-331(l)(b): 2 cases
State v. Cates, 2009 MT 94, 204 P.3d 1224.
“Prior to the interrogation, Officer Danzer advised Cates of his Miranda rights but did not properly advise him of his right to parental notification under § 41-5-331(1)(b), MCA, which reads as follows: When a youth is taken into custody for questioning upon a matter that could…”
State v. McKee, 2006 MT 5, 127 P.3d 445.
“Section 41-5-331, MCA, states the following: 41-5-331.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.