My son was held in a store by a clerk because he was in there with another teenager who was argueing with him and then ran out when he called police. He wanted my son to tell the police his name so he locked his door and made him stay in there. Can he do that? The police are arresting my son for obstruction of justice because he would not give the name of the other boy
2006-06-12 12:14:25 · 5 answers · asked by dee122362 1 in Society & Culture ➔ Other - Society & Culture
First of all, as always, I am not a lawyer.
Whether the clerk could hold your son and whether the police can arrest him are different matters.
Can the clerk lock him in the store trying to get information. I doubt it, but I'm not a lawyer, and I'm not particularly confident on this issue. Because on the flip side, if your son did not give the shopkeeper the name, and would not give his name, and left, and then the police had to track down your son, you have to figure there would be further penalties for that.
Can your son be arrested for obstruction of justice in this case? I expect so. Why not? Because he's a minor? That doesn't make you immune from the law, it just can change the penalties if you are found guilty. I guess the only question I'd ask is what the crime was. If no crime was committed, then most of this doesn't make any sense. That is, why do the police want/need to speak to the other boy? Arguing in a store is not a crime that would have the police trying to track down this other boy...
2006-06-12 12:22:03 · answer #1 · answered by dpawson 4 · 1⤊ 1⤋
I would talk to an attorney. The store clerk locked your son in the store, that is false imprisonment. And with your son being a minor the store clerk locking him in there could be charged with kidnapping. I would talk to an attorney and see about sueing the store. The fact that your son is a minor and was illegally detained could be reason for legal action. And your son has the right to exercise the fifth amendment and not give the other persons name.
2006-06-12 19:22:07 · answer #2 · answered by tmills883 5 · 0⤊ 0⤋
Yes...it's a clean arrest. Will he be convicted? Doubtful. In the future tell him to take his beefs in private and not in business establishments.
That'll solve that problem.
2006-06-12 20:15:37 · answer #3 · answered by Quasimodo 7 · 0⤊ 0⤋
Isn't that wrong? I mean what if your son really didn't know the other boy.
2006-06-12 19:17:40 · answer #4 · answered by cool G 2 · 0⤊ 0⤋
What!!!!!!!!???
I have never heard of that. You better argue in court pretty good
2006-06-12 19:18:25 · answer #5 · answered by Nick 4 · 0⤊ 0⤋