IN THE YMCA YOUTH SUPREME COURT
OF THE STATE OF YMCA
STATE OF YMCA,
Plaintiff-Appellant,
CASE NO. 2017-05
vs.
JOHN DOE, an individual,
Defendant-Respondent.
FACTS
John Doe (“John”) is a 16-year old YMCA high school student. Every day at lunch,
John’s two friends walk to the local grocery store that is about three blocks from the school to get
food and snacks. On occasion, John would tag along with his friends to the grocery store knowing
he had no money to purchase anything. When John went, he never bought anything—he just went to
hang out. John’s family is considered low-income and, as such, he does not have much money to
spend on the sort of things his friends buy for their lunch.
One particular day, John stayed at the school to eat the lunch his mother had packed for him.
John unpacked his lunch in the front foyer by the school’s front office. He found a carpeted step he
could sit on and he began to eat alone. After finishing his lunch, John went to toss his lunch
wrappings—the closest trash container being inside the front office.
The front office is surrounded by glass and has a walk-up window to the side. When John
entered the office to throw-away his trash, he realized no one was around. As John turned to leave
the front office, he saw what appeared to be a money box sitting just on the other side of the counter.
John reached across the counter and opened the money box. Inside was about $50.00 in rolledup quarters. Before John even thought about what he was doing, John pocketed the quarters and
left.
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The following day, John went with his friends to the grocery store for lunch. He was pretty
excited because he had money to spend. John bought his lunch and then a couple of candy bars to
share with his friends. John’s friends did not know the money used to buy the treats was stolen from
the school’s office the day before, but did find it unusual that John had money to spend because he
never had before. Thinking nothing more of the situation, the friends continued about their day.
A week later, John had spent all of the money, but he did not want to go back to eating lunch by
himself in the foyer. As such, John began to look for other ways to get money fast.
John went back to the office at lunch several days later to see if the money box was there.
John spotted the money box, but this time it was on a desk behind the counter. John waited for a few
minutes because the school secretary happened to be sitting at her desk. After a couple of minutes,
the secretary left the office and went to the restroom. John thought he could take this opportunity to
get to the money box before she came back. John went into the office and walked past the
swinging door that blocked the front counter from visitors, and then walked toward the money box.
Unknown to John, another staff member was around the corner in the breakroom reading
the newspaper. The breakroom is hidden from the front entrance of the office. As soon as John
came into view, the staff member stood and said to John: “What are you doing behind the counter—
only staff can be back here!” John froze and said: “I don’t know.”
The staff member was aware that $50.00 had been taken from the front office a little over a
week ago and became suspicious of John and his intentions being behind the counter. The staff
member then asked John: “You are the one that stole the quarters, aren’t you?” John did not reply;
he simply had a terrified look on his face and stared back. The staff member asked again, but John
remained silent. At this point the staff member called the school resource officer, Patsy, to the office
to question John and to investigate further. In addition to her position at the school, Patsy worked
for the county sheriff’s office.
When Patsy arrived, she could see John was frightened because he was to the point of tears.
Patsy told the staff member that she would handle the situation and asked John to come with her to
her office so she could call his mother. Patsy’s office is located on school grounds but on the
opposite end of the foyer. Both John and Patsy went to her office and sat down. Patsy gave John a
Dixie cup of water and telephoned his mother to come down to the office to help clear up some
questions that Patsy had. John’s mother said, “I am at work and I will be down as soon as I
can leave. Can you give me ten minutes?” Patsy replied, “Sure.” While they were waiting,
Patsy began by telling John that he was accused of stealing $50.00 in quarters from the office and
that he needed to be honest with her. She continued to tell John that her office is a safe place and,
no matter what, things will work out. Patsy also mentioned that if he lied it would only get worse
for him. She also stated that she was his friend and only wanted to help him, and that he should
“tell” her, but did not have to.
Patsy then asked John: “Did you steal that money from the office?” John froze again and
could not speak, but his emotions overcame him and he started to cry uncontrollably. John then
stated: “Yes, it was me. I never have any money to buy things and I saw the money box and it
was open. I reached in and took the rolls of quarters without thinking and I spent it at the
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grocery store.” At this time, John’s mother was escorted to Patsy’s office and came in to find John
crying uncontrollably. Patsy informed John’s mother what had happened and told her that John
would be charged with theft.
John and his mother hired an attorney who advised John to plead “not guilty” to the theft.
At trial, the State’s only evidence against John was his confession made to the school resource
officer while John’s mother was on her way to the school. John’s attorney moved to suppress
the confession, asserting that the school resource officer had violated John’s Miranda rights.
Miranda v. Arizona, 384 U.S. 436 (1966). The judge, after hearing the motion, ruled that the school
resource officer had failed to follow the common law rules set forth in Miranda by not warning John
of his rights by specifically eliciting a confession prior to John’s mother arriving. Because the State
had no other evidence to present against John, the District Court dismissed the case.
The State appealed the trial court’s decision to suppress the confession, arguing that the
Fifth Amendment only attaches to “custodial interrogations” and the confession did not
violate Miranda.
ISSUES ON APPEAL
Under Miranda, did the trial court err when it suppressed John’s confession?
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