Commonwealth v. Barrington

Although a juvenile defendant initially invoked his right to counsel post-Miranda, he knowingly and intelligently waived the right by asking to talk to a detective after speaking with his mother. The detective had facilitated the phone call with the defendant’s mother, who encouraged her son to “tell the truth.” But the conversation was not the functional equivalent of an interrogation, and it could not be anticipated that the mother would encourage her son to talk to police and elicit incriminating statements.

Motion to suppress denied.

Commonwealth v. Barrington, No. CR17-2648, Sept. 4, 2018. Norfolk Cir. (Fulton).

Categories: Opinions, Virginia Circuit Courts

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