In the Matter of Z.M., a Youth

Summary

The Montana Supreme Court reviews a youth court order denying Z.M.'s motion to suppress evidence arising from his detention, the seizure of alcohol and money, his burglary statements, and the taking of his shoes. The court addresses whether Z.M. reserved the right to appeal after pleading guilty and examines the legality of the detention, search, and custodial interrogation under the Fourth and Fifth Amendments, the Montana Constitution, and the Youth Court Act.

Holdings

1. Z.M. properly reserved the right to appeal the denial of his suppression motion, so the guilty plea did not bar appellate review of that issue.
2. The officer had probable cause and circumstances requiring immediate arrest of Z.M. for the non-jailable minor-in-possession offense, and the resulting search incident to the lawful taking into custody was constitutional.
3. The first confession was inadmissible because it resulted from a custodial interrogation conducted before Miranda warnings and before Z.M.'s parents arrived and could consult with him about waiver.
4. The second confession was inadmissible because the State failed to establish that Miranda warnings were given and that Z.M. intelligently understood and waived his rights.
5. The denial of suppression concerning Z.M.'s shoes remained the law of the case because Z.M. did not pursue the fruit-of-the-poisonous-tree argument on appeal.

Questions Presented

1. Whether Z.M. properly reserved the right to appeal the denial of his motion to suppress after entering a guilty plea.
2. Whether the officer lawfully took Z.M. into custody and searched him, making the alcohol and money admissible.
3. Whether Z.M.'s first confession, obtained before Miranda warnings and before his parents arrived, was admissible.
4. Whether Z.M.'s second confession, allegedly obtained after Miranda warnings and parental consent, was admissible despite the absence of a preserved recording or written waiver.
5. Whether the denial of suppression concerning Z.M.'s shoes remained reviewable when Z.M. did not pursue that argument on appeal.

Disposition

reversed_and_remanded