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Rule 27A.Admissibility of statements given by minors.

(a) If a minor is in custodyfor the alleged commission of an offense that would be a crime if committed byan adult, any statement given by a minor in response to questions asked by a policeofficer is inadmissible unless the police officer informed the minor of theminor's rights before questioning begins.

(a)(1) If the child is under 14years of age, the child is presumed not adequately mature and experienced toknowingly and voluntarily waive or understand a child?s rights unless a parent,guardian, or legal custodian is present during waiver.

(a)(2) If the minor is 14 yearsof age or older, the minor is presumed capable of knowingly and voluntarilywaiving the minor's rights without the benefit of having a parent, guardian, orlegal custodian present during questioning.

(b) The presumptions outlinedin paragraphs (a)(1) and (a)(2) may be overcome by apreponderance of the evidence showing the ability or inability of a minor tocomprehend and waive the minor's rights.

 AdvisoryCommittee Notes