Reply #6: It would depend on whether they were still in custody at the time of the statement [View All]

[DefenseLawyer]

Miranda requires that before questioning a person in custody, that person must be advised of his or her write to remain silent, right to an attorney, etc. However, Miranda only applies to persons in custody, that is under arrest, or detained in a situation where a reasonable person would not feel he was free to leave. If they had just been told they were not under arrest and were free to leave, the state could argue that they were not in custody and therefore the officer did not have to read them their miranda warnings before asking the incriminating question. Of course, it is also possible that the officers had already read them their miranda warnings when they first took them to the station, in which case it wouldn't be a violation in any case. (It would still be dirty, and certainly not in the spirit of Miranda, and I can see some judges that would frown upon it, but others that are prosecuting from the bench would probably encourage it).
If your cousin was not just a minor, but also a juvenile, that adds another wrinkle, as generally the police can not question a juvenile without an express waiver from a parent. At this point, 12 years later, there probably isn't much recourse in any case, but that is just my opinion.