Child Interrogation Protection Act has Joppatowne school shooting investigators "handcuffed"

BALTIMORE -- The Joppatowne High School shooting death of a student is the latest example to drum up debate about Maryland's Child Interrogation Protection Act.

The law requires minors to first consult with an attorney, and a parent be notified, before an interrogation.

Harford County Sheriff Jeffrey Gahler said the state law has hurt the ability of his agency's investigators to find the firearm allegedly used in the deadly shooting of 15-year-old Warren Grant. 

"I hope my frustration is clear that this legislature has handcuffed police," Gahler said. "There are families of every other student in that school, and the parents of the shooter, who have a right to know why we are all standing here today, and why there's a person who has been shot in one of our schools and we are not allowed to ask the person who committed that act because of this crazy legislation." 

Maryland Senator Jill Carter co-sponsored the Child Interrogation Protection Act.  

"I believe that he's seeking to cause kind of a public anxiety and fear by saying, because of the law, he's prohibited from speaking to a child," Carter said. "He can speak to a child all day long but he should follow the law."

State Senator Charles Sydnor said the law ensures minors understand their Miranda rights.

"What the public needs to understand is again, they have those same rights," Sydnor said. "You do not have to speak with law enforcement if you believe it's going to incriminate you."

The 16-year-old suspect, who's being charged as an adult, went before a judge Monday and was denied bail.

State prosecutors argue the suspect is a danger to the public, citing that the gun remains missing and believe he knows where it is.

Investigators reportedly found bullets in the teen's room and photos on his phone holding the weapon. 

"The Child Interrogation Protection Act (CIPA) protects the basic due process rights of Black and Brown children who get unfairly stopped, searched, arrested, and interrogated by police every day in Maryland," said Yanet Amanuel, the Public Policy Director for The American Civil Liberties Union (ACLU) of Maryland. "All CIPA requires is that an attorney is consulted before police interrogate the child so that the attorney can provide age and developmental-appropriate explanations of their Miranda rights. And the law requires that a child's parents or guardians are notified when the child is taken into custody." 

WJZ reached out to the Maryland Senate Republican Caucus for comment late Thursday evening. We are waiting to hear back.