NRS 62C.014 Custodial interrogation of child: Limitations.

374 words·~2 min read·/nv/chapter-62c-procedure-before-adjudication/62c-014

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

1. Except as otherwise provided in subsection 3, a peace officer or other person authorized to conduct a custodial interrogation of a child taken into custody shall not during a custodial interrogation of a child:

(a)Knowingly make a materially false statement about evidence that is reasonably likely to elicit an incriminating response from the child; or

(b)Make any express or implied promise to the child of leniency or advantage for the child that the peace officer or other person conducting the investigation lacks the authority to make, including, without limitation, any promise about the filing of charges or prosecution of the child.

2. A statement by a child obtained in violation of this section is presumed to be involuntary and inadmissible in any criminal or juvenile proceeding. The State may overcome the presumption set forth in this subsection by proving by a preponderance of the evidence that the statement was voluntary, reliable and not induced by an act in violation of this section. In making a determination pursuant to this subsection of whether the presumption has been overcome, the finder of fact shall consider the totality of the circumstances of the interrogation.

3. Subsection 1 does not apply to a custodial interrogation of a child if:

(a)The peace officer or other person who conducted the custodial interrogation of the child reasonably believed the information sought was necessary to protect life or property from an imminent threat; and

(b)The questions asked by the peace officer or other person were limited to those reasonably necessary to obtain information related to the imminent threat.

4. As used in this section:

(a)“Child” means a person who is less than 18 years of age. The term includes:

(1)A person who is certified for criminal proceedings as an adult pursuant to NRS 62B.390 or 62B.400 .

(2)A person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62B.330 .

(b)“Custodial interrogation” means any interrogation of a person who is required to be advised of his or her rights pursuant to Miranda v. Arizona , 384 U.S. 436 (1966).

(c)“Peace officer” has the meaning ascribed to it in NRS 169.125 .