OPINION BY STRASSBURGER, J.:
B.T. (Appellant) appeals from the dispositional orders
On July 1, 2011, Detective Orlando Ortiz went to Appellant's home as part of an investigation into a series of burglaries. Appellant's father informed Detective Ortiz that Appellant was nine years old, and produced documentation reflecting a date of birth in November 2002 for Appellant.
The next time the police interacted with Appellant was over a month later, when Appellant was caught in the act of a burglary and restrained by one of the victims until the police arrived. Having received information that Appellant was actually 15 years old,
Appellant was charged in five separate juvenile petitions on August 13, 2011, with burglary and related crimes. On September 7, 2011, Appellant moved to dismiss the petitions, claiming that the juvenile court lacked jurisdiction because Appellant was under the age of ten. In response, the juvenile court ordered that Appellant undergo a bone age scan. At a subsequent hearing, radiologist Dr. Michael Nalbantian testified that the test results suggested, to a reasonable degree of medical certainty, that Appellant was 15.6 years old as of September 16, 2011, the date of the scan. Considering two standard deviations, which would account for nutritional defects and disease, Appellant would be at least 13 years and two months old. Finding this evidence credible, and the documentary evidence purporting Appellant to be only nine years old incredible, the juvenile court denied Appellant's motion to dismiss.
On October 21, 2011, a hearing was held on Appellant's motion to suppress the statements given to the police on July 1, 2011. Appellant claimed that the statements wherein he described his role in the burglaries should be excluded because they were given during the course of a custodial detention, and Appellant had not been advised of his Miranda
Hearings were held on November 9 and November 22, 2011, concerning the various burglary charges. On January 6, 2012, the juvenile court adjudicated Appellant delinquent, and committed him to Abraxas Leadership Development program by separate dispositional orders of the same date filed at each docket number. On February 29, 2012, the juvenile court discharged Appellant from Abraxas and ordered him committed to George Junior Republic.
Appellant filed a timely notice of appeal following denial of reconsideration. Appellant presents two questions for this Court's review.
Appellant's Brief at 3.
"Because the question of subject matter jurisdiction is purely one of law, our standard of review is de novo, and our scope of review is plenary." Commonwealth v. Brinson, 30 A.3d 490, 492 (Pa.Super.2011) (citing Commonwealth v. D.S., 903 A.2d 582, 584 (Pa.Super.2006)). However, factual findings and credibility determinations in juvenile proceedings are within the exclusive province of the hearing judge. In re L.A., 853 A.2d 388, 391 (Pa.Super.2004).
"A petition alleging that a child is delinquent must be disposed of in accordance with the Juvenile Act." In re J.J., 848 A.2d 1014, 1017 (Pa.Super.2004). A delinquent child is a "child ten years of age or older whom the court has found to have committed a delinquent act and is in need of treatment, supervision or rehabilitation." 42 Pa.C.S. § 6302.
At the hearing on Appellant's motion to dismiss, he offered the following documents as evidence that he was born in November 2002: Immigration and Naturalization Service form I-94, which was required for Appellant to enter the United States; a permanent resident's card issued by the U.S. Department of Homeland Security; and reports from his school confirming that Appellant was in third grade. The Commonwealth offered the testimony of Dr. Nalbantian who performed a bone age test, which involved comparing x-rays of Appellant's hand and wrist to an atlas of skeletal maturity, then consulting a table with standard deviations to arrive at an age within two standard deviations. N.T., 10/6/2011, at 9-12. To a reasonable degree of medical certainty, Dr. Nalbantian
Based upon Dr. Nalbantian's testimony, as well as his own experience with juveniles, the hearing judge concluded that Appellant was 15 years old, and thus the birthdate proffered by Appellant was not correct. Id. at 37-38. Correspondingly, the hearing judge did not believe that the person identified in Appellant's documents was actually Appellant. Id. Therefore, having made the factual finding that Appellant was well beyond the age of ten at the time the alleged delinquent acts occurred, the hearing judge denied Appellant's motion.
Quite the contrary to Appellant's claim that the juvenile court "arbitrarily substituted" a number for the information in the documents, Appellant's Brief at 11, the juvenile court's factual finding is based upon its credibility determinations and is supported by the record. Accordingly, that finding will not be disturbed on appeal. See In re A.D., 771 A.2d 45, 53 (Pa.Super.2001) (affirming the juvenile court's jurisdiction to handle case as a delinquency matter rather than a dependency matter based upon the hearing judge's factual determination that A.D. was ten years old at the time the delinquent acts occurred). Therefore, because Appellant was a child of at least ten years of age at the time of the alleged delinquent acts, the juvenile court did not err in denying Appellant's motion to dismiss based upon lack of jurisdiction.
Appellant's second argument challenges the denial of his suppression motion. Our standard of review is as follows.
In re V.C., 66 A.3d 341, 350-51 (Pa.Super.2013) (quoting Commonwealth v. Knox, 50 A.3d 732, 746 (Pa.Super.2012)).
The parties here do not dispute the following facts relevant to the suppression issue. The police went to Appellant's home because they suspected that he had committed several burglaries in the area, and wished to take him to police headquarters for an interview. N.T., 10/21/2011, at 8. When Appellant's father informed Detective Ortiz that Appellant was only nine years old, Detective Ortiz informed Appellant's father that Appellant "wasn't going to be charged" with a crime. Id. Nonetheless, the police "wanted information on other co-defendants, or locations that [Appellant] might possibly [have] committed burglaries at in the area." Id. With this
From these facts, we are left with the strictly legal question of whether Appellant's incriminating statements should have been excluded. We begin with an examination of the applicable principles of law.
In re R.H., 568 Pa. 1, 791 A.2d 331, 333 (2002) (plurality) (citations and quotation omitted).
"[I]f a suspect makes a statement during custodial interrogation, the burden is on the Government to show, as a prerequisite to the statement's admissibility in the Government's case in chief, that the defendant voluntarily, knowingly and intelligently waived his rights." J.D.B. v. North Carolina, ___ U.S. ___, 131 S.Ct. 2394, 2401, 180 L.Ed.2d 310 (2011) (internal quotations omitted).
In re T.B., 11 A.3d 500, 505-506 (Pa.Super.2010) (quotations, citations, and emphasis omitted).
The juvenile court determined that Appellant was in custody and subject to interrogation, see N.T., 10/21/2011, at 26-27, 32; however, it opined that it was not "police
Id. at 5-6. The juvenile court's on-the-record explanation offers additional insight into this analysis.
N.T., 10/21/2011, at 34-35, 37-38.
The juvenile court's only response to Appellant's argument that, under the circumstances, he was incapable of giving "a knowing, voluntary and intentional statement" was to opine that children are "the ones who are most likely to give that kind of statement. It has been my experience that when I'm speaking to children, they can be naïve, but I think that children are more likely to tell the truth...." Id. at 36.
As we noted above, the burden was on the Commonwealth to show, "as a prerequisite to the statement's admissibility in [its] case in chief, that [Appellant] voluntarily, knowingly and intelligently waived his rights." J.D.B., 131 S.Ct. at 2401. Under the unique circumstances of this case, we are constrained to conclude that the juvenile court erred in focusing on the "fraud" perpetrated by Appellant's father and the good faith of the police officers, rather than whether Appellant was deprived of his constitutional rights.
Regardless of what the police thought or why they thought it, the fact of the matter is that Appellant had the right to remain silent rather than to incriminate himself. That Appellant's father provided the police with inaccurate information about Appellant's age did not waive or negate Appellant's constitutional rights. That the police had a good-faith belief that Appellant was incapable of incriminating himself does not alter the reality that Appellant was so capable.
The circumstances under which Appellant gave the statements used against him are these. Appellant, suspected of committing burglaries, was taken by police to their headquarters, where, as the juvenile court found, "[u]nder no circumstances was he free to leave." N.T., 10/21/2011, at 26. Once there, Appellant was interrogated about the burglaries he was suspected of having committed. Having been affirmatively told that he would face no legal consequences no matter what he said, Appellant provided the police with all of the information needed to secure adjudications of delinquency.
Under these circumstances, and given that Appellant was a child, in third grade, with a stipulated IQ of 50, we hold that it was error for the juvenile court to conclude that the Commonwealth met its burden of proving that Appellant's statements were made voluntarily, knowingly, and intelligently. See, e.g., In re T.B., 11 A.3d at 506-507 (Pa.Super.2010) ("In examining the totality of circumstances to determine the legal question of whether Appellant's Miranda waiver was knowing and voluntary, we conclude that Appellant's age, fifteen, combined with his intelligence level [(IQ of 67)], his lack of consultation with an interested adult immediately prior to the interrogation, and the fact that no
Accordingly, we reverse the October 21, 2011 order denying Appellant's motion to suppress and vacate the January 6, 2012 adjudications of delinquency and dispositional orders entered in cases 3613, 3615, 3616, and 3617. Because the burglary for which Appellant was adjudicated delinquent at case 3618 occurred after Appellant gave the statement at issue, and was thus not discussed in the statement, we do not disturb the dispositional order entered in that case.
Dispositional order entered at case 3618 affirmed. Dispositional orders and adjudications of delinquency entered at cases 3613, 3615, 3616, and 3617 vacated. October 21, 2011 order reversed. Case remanded for further proceedings consistent with this opinion. Jurisdiction relinquished.
Judge ALLEN files a Concurring/Dissenting Opinion.
CONCURRING AND DISSENTING OPINION BY ALLEN, J.:
B.T., allegedly born November 30, 2002, cannot have it both ways. He cannot claim that he was only eight years old
I fully agree with the Majority decision to affirm the juvenile court's denial of B.T.'s motion to dismiss. I dissent, however, from the Majority's conclusion that B.T.'s statements on July 1, 2011 with regard to a majority of the burglaries should have been suppressed due to a violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
"When reviewing an order denying a motion to suppress evidence, we must determine whether the evidence of record supports the factual findings of the trial court." Commonwealth v. El, 933 A.2d 657, 660 (Pa.Super.2007). "In making this determination, this [C]ourt may only consider the Commonwealth's evidence and the defendant's evidence that remains uncontradicted." Id. "If the evidence supports the findings of the trial court, those findings bind us and we may reverse only if the suppression court drew erroneous legal conclusions from the evidence." Id.
Here, the juvenile court summarized its factual findings as follows:
Juvenile Court Opinion, 12/20/12, at 3-4.
The juvenile court then cited the following exchange between the Commonwealth and Detective Ortiz:
Juvenile Court Opinion, 12/20/12, at 4 (citing N.T., 10/21/11, at 8-9).
Approximately one month later, B.T. was caught committing a burglary, and the police obtained evidence that B.T. was over the age of ten. B.T. was therefore arrested for the latest burglary, as well as the additional burglaries he had confessed to in his July 1, 2011 police interview.
Based on the above facts, which are supported by my review of the record, the juvenile court listed the following reasons for denying B.T.'s motion to suppress:
Juvenile Court Opinion, 12/20/12, at 5-6. My review of the record supports the learned juvenile court's legal conclusions.
Pursuant to the Juvenile Act, a "delinquent child" is defined as a "child ten years of age or older whom the court has found to have committed a delinquent act and is in need of treatment, supervision, or rehabilitation." 42 Pa.C.S.A. § 6302. Moreover, in delinquency cases under the Juvenile Act, a child charged with delinquency enjoys the right to counsel, as well as other basic rights, including due process and the right against self-incrimination. See generally, 42 Pa.C.S.A. §§ 6337-6338; Commonwealth v. Brown, 26 A.3d 485 (Pa.Super.2011). A child charged with a delinquent act also enjoys the protections afforded by Miranda. See e.g., In Interest of Mellott, 327 Pa.Super. 396, 476 A.2d 11 (1984). "The law is clear that Miranda is not implicated unless the individual is in custody and subject to interrogation." Commonwealth v. Umstead, 916 A.2d 1146, 1152 (Pa.Super.2007). The absence of either factor vitiates the need for Miranda warnings. See id.
Unlike the Majority, my review of the record leads to the conclusion that when Detective Ortiz interacted with B.T. on July 1, 2011, B.T. was neither in "custody" nor underwent "interrogation" for Miranda purposes.
Our Supreme Court has recently summarized:
Commonwealth v. Johnson, 615 Pa. 354, 42 A.3d 1017, 1028 (2012) (citations omitted). This Court has further explained:
Commonwealth v. Busch, 713 A.2d 97, 100-01 (Pa.Super.1998) (citations omitted).
A consideration of the totality of the circumstances presented by this case clearly establishes that B.T. was not in "custody" for Miranda purposes. Because B.T.'s father declined to accompany his allegedly eight-year-old son, B.T. clearly was in the "custody" and the "care" of the detectives who fed him pizza, spoke with him for approximately one hour, and then took him home. The juvenile court concluded as much in the following statement made during the suppression hearing: "Under no circumstances was [B.T.] free to leave. The detective believed that he was eight years old and the detective had an obligation under any circumstance, to return him to his parents." N.T., 10/21/11, at 26. The Majority takes this statement out of context to determine that the record supports its conclusion that the juvenile court believed that B.T. was in custody for Miranda purposes. See Majority, at 438. In addition, had his father accompanied B.T. to the police station, there is no question that both the purported eight-or-nine year-old B.T. and his father would have been free to leave at any time.
"Interrogation" for Miranda purposes, "is defined as police conduct calculated to, expected to, or likely to evoke admission." Umstead, 916 A.2d at 1152. By definition, given his asserted age, B.T. could not be charged with an act of delinquency under the Juvenile Act. See 42 Pa.C.S.A. § 6302. It therefore follows that B.T. could not be subject to "interrogation" for Miranda purposes. My review of the record supports the juvenile court's conclusion that, although B.T. was interviewed by the detectives, there "was no intention by the police to elicit incriminating statements for the purpose of charging him with any crime," and that B.T. "knew at all times, as did his father, that he would be driven home once he provided all necessary information to aid the police in their investigation of crimes that he would not be charged with." Juvenile Court Opinion, 12/20/12, at 5. Indeed, given his purported age, B.T. could not be charged with any act of delinquency.
In sum, because B.T. was neither in "custody" or subject to "interrogation" for Miranda purposes, the learned juvenile court properly denied his suppression motion. Considering the totality of the circumstances, B.T., with his father's permission, voluntarily accompanied the police to be interviewed and provide information regarding a rash of burglaries. The fact that Detective Ortiz subsequently learned information that permitted B.T.'s arrest for the burglaries does not retroactively convert B.T.'s interaction with the police on July 1, 2011 into a "custodial interrogation." See Umstead, 916 A.2d at 1152 (holding that the defendant was not subject to "custodial interrogation" when a corrections officer first questioned him about a prison assault, even though he later confessed to the crime).
At the suppression hearing, B.T.'s counsel presented a two-prong challenge to the statements given by B.T. on July 1, 2011. Counsel first challenged the admissibility of the statements given Detective Ortiz's
The Majority's reliance on T.B. is inapt. T.B. involved the question of whether a fifteen-year-old offender, with an IQ of 67, could, without the input of an interested adult, validly waive his Miranda rights. T.B., 11 A.3d at 506-07. Unlike the facts of the instant case, the police in T.B. knew the offender's true age, and recognized the necessity of Miranda warnings. Additionally, the Majority makes the bare assertion that "[r]egardless of what the police thought or why they thought it, the fact of the matter is that [B.T.] had the right to remain silent rather than to incriminate himself." Majority, at 438. In response to a similar argument by defense counsel that even children under the age of ten have constitutional rights, the juvenile court responded:
N.T., 10/21/11, at 34-35.
While acknowledging the uniqueness of the fact pattern presented, the Majority summarily reverses the learned juvenile court. Taking the juvenile court to task for reaching its conclusions without citation to authority, see Majority at 436-37, the Majority, with little or no analysis, reverses the juvenile court due largely to its belief that the juvenile court mistakenly focused on the immigration fraud purportedly perpetrated by B.T.'s father. See id., at 437-38. The question of whether such fraud was perpetrated in this case is not properly before us. Nevertheless, in reversing the juvenile court, the Majority
Finally, I must take issue with the Majority's characterization of my disagreement as a "back door way of injecting the Fourth Amendment good faith exception into the analysis of Miranda violations. Such is unjustified given the distinction between the rights at issue and the conduct sought to be deterred by the exclusionary rule." Majority, at 438 n. 10 (citing People v. Smith, 31 Cal.App.4th 1185, 1192-93, 37 Cal.Rptr.2d 524 (Cal.App. 2 Dist.1995)).
I am fully aware of the well settled principle that the exclusionary rule applies to dissuade unlawful police conduct. See Commonwealth v. Williams, 2 A.3d 611, 619-21 (Pa.Super.2010) (en banc) (providing a thorough discussion of the purposes of the exclusionary rule). I am also aware that, unlike its federal counterpart, under the Pennsylvania constitution, there is no good faith exception to the warrant requirement. See generally, Commonwealth v. Antoszyk, 614 Pa. 539, 38 A.3d 816 (2012). Finally, longstanding Pennsylvania precedent has refused to extend a "good faith" exception to the Miranda requirements. See e.g., Commonwealth v. Ramos, 367 Pa.Super. 84, 532 A.2d 465 (1987).
Here, none of these principles is germane to the suppression issue presented. Rather, as noted above, before a person is entitled to Miranda warnings he or she must be in custody and subject to interrogation. Umstead, supra. My review of the record amply supports the learned juvenile court's conclusion that B.T. was not in custody on July 1, 2011. Without custody, there can be no "custodial" interrogation. Thus, B.T.'s statements were not subject to suppression based upon a Miranda violation.
For all of the above reasons, I would affirm B.T.'s dispositional orders in each case.