D. Z. v. State

96 N.E.3d 595

D. Z., Appellant–Respondent,

v.STATE of Indiana, Appellee–Petitioner.

Court of Appeals Case No. 32A05–1708–JV–1907

Court of Appeals of Indiana.

FILED February 22, 2018

Attorney for Appellant : Jeffery A. Earl, Danville, Indiana

Attorneys for Appellee : Curtis T. Hill, Jr., Attorney General of Indiana, Ellen H. Meilaender, Deputy Attorney General, Indianapolis, Indiana

Riley, Judge.

STATEMENT OF THE CASE

[1] Appellant–Respondent, D.Z., appeals the juvenile court's delinquency adjudication for an act that would have been a Class B misdemeanor if committed by an adult.

[2] We reverse.

ISSUE

[3] D.Z. presents us with four issues on appeal, one of which we find dispositive and which we restate as: Whether the juvenile court abused its discretion by admitting D.Z.'s incriminating statements to a school official, who was working in cooperation with law enforcement.

FACTS AND PROCEDURAL HISTORY

[4] Around February or March 2017, graffiti of a sexual nature began to appear on the walls of the boys' restrooms at Brownsburg High School, in Indiana. Assistant principal Demetrius Dowler (Dowler) commenced an investigation to find the person responsible and reviewed surveillance video footage of the hallways where the related bathrooms are located. On March 15, 2017, Dowler reported "mischief of vandalism and graffiti" on the bathroom walls and stalls to Officer Nathan Flynn (Officer Flynn) and requested his assistance with the ongoing investigation. (Tr. p. 17). Officer Flynn is a police officer with the Brownsburg community schools and is employed "by the school for law enforcement duties." (Tr. p. 17). In that capacity, he is "called to investigate allegations of misconduct within the school." (Tr. p. 17). Together, Officer Flynn and Dowler started a methodical search of the boys' restrooms and narrowed down time frames when graffiti was located. They used these time frames to review surveillance footage to determine who was in the restrooms during the time when new graffiti appeared. After reviewing the surveillance video, both Officer Flynn and Dowler pinpointed seventeen-year-old D.Z. as a suspect.

[5] On March 17, 2017, Dowler called D.Z. down to his office for a "discussion" right before the "[e]nd of the day." (Tr. pp. 55, 56). Dowler questioned D.Z. in his office with the door closed. D.Z. was not offered the opportunity to speak to a parent or guardian prior to the commencement of the interview, nor was his parent or guardian contacted prior to D.Z.'s removal from class. During this conversation, D.Z. was not advised that "he had a right not to answer questions that might incriminate himself." (Tr. p. 56). Dowler informed D.Z. that he had been "tracking some restroom graffiti" and explained the investigation to him. (Tr. p. 61). Dowler clarified that he "knew that [D.Z.] was the one that was responsible for graffiti on the wall." (Tr. p. 61). D.Z. responded that he didn't know why he did it. After D.Z. showed remorse, Dowler told him that "what [he] did was wrong and so we're going to have to definitely take care of it." (Tr. p. 62). Dowler suspended D.Z. for five days. After his discussion with D.Z., Dowler left the room and informed Officer Flynn that D.Z. had "admitted to the messages/writing on the wall." (Tr. p. 43). Dowler then contacted D.Z.'s father. Meanwhile, Officer Flynn, in full police uniform, entered Dowler's office and spoke to D.Z. The officer did not advise D.Z. of his constitutional rights, contact D.Z.'s father, or record the interview. Eventually, at the end of the interview, Officer Flynn "let [D.Z.] know he was being charged with a crime." (Tr. p. 44).

[6] On April 18, 2017, the State filed a Petition Alleging Delinquency, claiming that D.Z. had committed acts that would be an offense if committed by an adult, namely, criminal mischief and harassment. On July 17, 2017, the juvenile court conducted a fact-finding hearing. During the hearing, D.Z. moved to suppress, and the State agreed to suppress, the testimony of Officer Flynn regarding incriminating statements made to him by D.Z. as D.Z. had not been informed of his Miranda¹ rights prior to uttering the statements. The juvenile court granted the motion. At the conclusion of the fact-finding hearing, the juvenile court entered a true finding on the allegation of criminal mischief, as a Class B misdemeanor if committed by an adult, but found that the State had not established the harassment allegation beyond a reasonable doubt. That same day, the juvenile court placed D.Z. on probation for four months.

[7] D.Z. now appeals. Additional facts will be provided when necessary.

DISCUSSION AND DECISION

I. Standard of Review

[8] D.Z. contends that the juvenile court abused its discretion by admitting into evidence, over his objection, the incriminating statements he made during the meeting with the assistant principal. He maintains that these statements were obtained in violation of the Fifth Amendment to the United States Constitution because he was subjected to a custodial interrogation without being advised of his rights under Miranda .

[9] A trial court is afforded broad discretion in ruling on the admissibility of evidence, and we will reverse such a ruling only upon a showing of an abuse of discretion.

Bentley v. State , 846 N.E.2d 300, 304 (Ind. Ct. App. 2006), trans. denied . An abuse of discretion involves a decision that is clearly against the logic and effect of the facts and circumstances before the court. Id. In making this decision, this court does not reweigh evidence and considers conflicting evidence in a light most favorable to the trial court's ruling. Cole v. State , 878 N.E.2d 882, 885 (Ind. Ct. App. 2007). Regarding the "abuse of discretion" standard generally, our supreme court has observed, "to the extent a ruling is based on an error of law or is not supported by the evidence it is reversible, and the trial court has no discretion to reach the wrong result." Pruitt v. State , 834 N.E.2d 90, 104 (Ind. 2005).

[10] "A juvenile charged with delinquency is entitled to have the court apply those common law jurisprudential principles [that] experience and reason have shown are necessary to give the accused the essence of a fair trial." In re K.G ., 808 N.E.2d 631, 635 (Ind. 2004) (citing In re Gault , 387 U.S. 1, 30, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967) ). "Without question, these include ... the constitutional privilege against self-incrimination[.]" Id. "In protection of the rights against self-incrimination, the United States Supreme Court's opinion in Miranda v. Arizona , established that ‘the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.’ " P.M. v. State , 861 N.E.2d 710, 713 (Ind. Ct. App. 2007). Such procedural safeguards include an advisement to the accused that he has the right to remain silent and that anything he says can be used against him." Id.

[11] We have previously reiterated that "[t]he special status accorded juveniles in other areas of the law is fully applicable in the area of criminal procedure." S.D. v. State , 937 N.E.2d 425, 429 (Ind. Ct. App. 2010), trans. denied . "To give effect to that status in the context of waiving intricate, important, and long established Fifth ... Amendment rights, we require that a juvenile be afforded a meaningful opportunity to consult with a parent or guardian before solicitation of any statement." Id. That is, in cases where a juvenile is subject to custodial interrogation, such child must be read his rights under Miranda and the State must obtain the waiver of such rights pursuant to the juvenile waiver statute. See I.C. § 31–32–5–1. As a general rule, however, Miranda warnings and the juvenile waiver statute attach only where a subject is both in custody and subject to interrogation. See S.D ., 937 N.E.2d at 430. Therefore, the threshold question becomes whether D.Z. was in custody, and if so, whether the questioning by the assistant principal constituted interrogation as recognized under the federal and state constitutions.

III. Custodial Interrogation in the Schoolhouse

[12] D.Z. contends he was subjected to a custodial interrogation because no reasonable juvenile who is called into the assistant principal's office and questioned behind closed doors regarding an ongoing investigation into vandalized bathrooms would have felt free to leave prior to being dismissed by the assistant principal. In response, the State asserts that the assistant principal was merely conducting a disciplinary investigation, which resulted in the imposition of school discipline.

[13] The purpose of Miranda is to dispel the inherently coercive effect of police custody and interrogation. Miranda , 384 U.S. at 467, 86 S.Ct. 1602. "[T]he special procedural safeguards outlined in Miranda are not required where a suspect is simply taken into custody, but rather where a subject in custody is subjected to interrogation." Rhode Island v. Innis , 446 U.S. 291, 300, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980). "Interrogation has been defined as a process of questioning by law enforcement officials which lends itself to obtaining incriminating statements." S.D ., 937 N.E.2d at 430. "Under Miranda , ‘interrogation’ includes express questioning and words or actions on the part of the police that the police know are reasonably likely to elicit an incriminating response from the suspect." White v. State , 772 N.E.2d 408, 412 (Ind. 2002) (citing Innis , 446 U.S. at 301, 100 S.Ct. 1682 ). The United States Supreme Court has held that the safeguards outlined in Miranda also apply to the functional equivalent of interrogation by the police. Innis , 446 U.S. at 301–02, 100 S.Ct. 1682.

[14] Whether a person is in custody depends upon objective circumstances, not upon the subjective views of the interrogating officers or the...