does a child in OK have to be read miranda even if not in custody.

UPDATED: May 19, 2009

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does a child in OK have to be read miranda even if not in custody.

I was looking at State v. M.A.L. and it seems to indicate that if they are being questioned as a suspect they must be read miranda even if not in custody. That is an OK case 1988 OK CR 274 Case number S-88-361decided 11-23-1988Oklahoma court of criminal appeals

Asked on May 19, 2009 under Criminal Law, Oklahoma


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Looking at just one case, in isolation, is a good way to get bad information about the law.  I'm not sure that this is a case from the highest court in Oklahoma;  if not, the decision could have been reversed on appeal.  You're also citing a docket number, not an official case reporter, so it's not clear that the opinion has been published;  if not, it isn't binding precedent.  And in the area of criminal procedure, especially, a 20-year-old case is often no more than ancient history, even if it is a reported case from the state's highest court.

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