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Scenario: Jane Smith, juvenile, was detained and taken to the local jail after being implicated in store robbery and murder at state level. Smith's parents were out of town visiting relatives, and she was left with her Uncle Bob during her parents' trip. The uncle was notified that Smith was being remanded and was to be charged as an adult. Uncle Bob contacted Smith's parents and advised them of the situation after the arrest. Smith's mother instructed Uncle Bob not to act until she returned home upon being contacted by Uncle Bob. Later, Officer Miller contacted Uncle Bob asking him to come to the station while he spoke to Jane Smith. Uncle Bob complied. The Officer did not ask Uncle Bob what his relationship was to Smith and did not ask for anything in writing from Uncle Bob. The Officer believed that Uncle Bob was Smith's father. Upon his arrival, Officer Jack asked Uncle Bob if he minded if they asked Jane Smith a few problems. Uncle Bob agreed, believing that he was acting as Smith's guardian in the absence of her parents. Jane made incriminating statements that lead the police to file charges. Jane's attorney made a motion to suppress the statements that Jane made during the conversation. Identify the potential legal issues and analyze the legal issues, including but not limited to parental consent, guardian issues, Miranda, charging as an adult, scope of authority and other legal issues?

1. Uncle Bob was acting as a guardian, wouldn't be his responsibility as well as to advice the officer that he was stepping in for her parents understanding the nature of the crime to protect himself as well or should he had waited for her parents? What amendment would this be under?

Would like your opinion or assistance with website(s) or cases for further investigation of the matters

 

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