my daughter was detained and questioned by police for 4 hours at school. i was never contacted in any way by the police or school authorities.
2006-07-14 04:54:21 · 13 answers · asked by nellie 3 in Politics & Government ➔ Law Enforcement & Police
Good answers, but gross misconceptions.
In any state in the U.S. it is legal.
The distinction is between "questioning" and "being detained."
The 4th, 5th, and 6th amendments are not activated until a person is considered to be "in police custody."
The Supreme Court has historically been pretty liberal about what it considers NOT to be "in custody." Pretty much so long as you're not in handcuffs, or locked in a cell, you're not in custody. Even if you're in an interrogation room with two cops, and you try to get up and leave, and one pushes you back into the chair, you're probably still not "in custody."
If your daughter spoken to at school, then there is almost no way she was in custody. As such, any rights afforded by the Constitution against police action or unreasonable search, siezure, or questioning, was not in play.
Literally anything said by a person "not in custody" is considered a "voluntary utterance." That applies whether or not the police were literally (and figuratively) twisting your arm.
The rules on this are different for very young children (below age 12 usually), but with teenagers the court has allowed the police a good deal of free reign, just like with adults.
The best way to combat this is to make sure that your kids understand that no matter what the police ever ever ever say to them (or a principal, or anyone else for that matter), they cannot get into trouble for NOT talking to the police. The right to remain silent applies ALL the time, but you only have to be made aware of that by the police if you're in custody.
If you want to be present any time your child is questioned, make sure they know their rights, and that they know that if approached by a police officer that their automatic response should always be "I won't talk to you until my mother / father is here with my lawyer."
It won't make your kids many friends with the police, but then it doesn't sound like that's what you're going for.
2006-07-14 05:16:36 · answer #1 · answered by DemonOly 2 · 1⤊ 2⤋
If she's suspected of something, then the answer is no. If they are simply asking her for information in pursuit of a case against someone else, then some states say yes.
Most states (and school districts) take the opinion, however, that no child should ever be questioned by police without either parents or an attorney present. Kids don't know their rights, nor the implications of the things they say. So they should not be put in a compromising position in order to gain information of any kind. In essence, should this ever come to prosecution, the odds are that they've compromised their case and everything said by unrepresented children will be inadmissable...as well as everything coming from the statements of those kids.
2006-07-14 04:59:39 · answer #2 · answered by yellow_jellybeans_rock 6 · 0⤊ 0⤋
Depending on the state you live in. Here they will not detain any minor unless the parents give consent, or the parents are present at the time of questioning. Also, if she didn't want to be questioned and she stated that to them and they did it anyway then that's a violation of her 5th amendment rights. I would read up on my law books at the local library if I were you and make sure what your options are.
2006-07-14 05:04:57 · answer #3 · answered by Jen 2 · 0⤊ 0⤋
No this is illeagle, the term used for such a situation is called Haebeus Corpus, "Show me the body". In laymen terms the police can not detain an individual if they have not been convicted of a crime. You need to call your lawyer and show these deuches they can't be breaking the law even if it is just a highschool kid minor, which in reality is even worse.
2006-07-14 05:07:31 · answer #4 · answered by ↓ImWithStupid ░░▒▒▓▓ 4 · 0⤊ 0⤋
I agree with Demo - however, if I were in your situation, I would certainly have a raised eyebrow as to why my child was of interest in whatever situation was going on to the authorities. That's a red flag and time to investigate her friends, activities, etc.
2006-07-14 06:09:45 · answer #5 · answered by D 4 · 0⤊ 0⤋
State laws vary. In California, it's legal
2006-07-14 04:59:33 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Yes it is actually, student' parents are supposed to sign a waiver. I mean it really depends on how neurotic the parents are though and if they want to make a big deal of it .
2006-07-14 05:01:30 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It depends on the crime in question. Check out the state statutes, laws, and rules where you live.
2006-07-14 04:59:16 · answer #8 · answered by seeitknowit 2 · 0⤊ 0⤋
yes if your daughter is a minor you must be contacted before they can ask her anything, otherwise they cant use any of it against her, it will get thrown out.
2006-07-14 04:58:01 · answer #9 · answered by Cyrena . 1 · 0⤊ 0⤋
No, it is not illegal anymore that it would be to arrest your daughter for committing a crime without attaining your permission first.
2006-07-14 04:57:46 · answer #10 · answered by ceprn 6 · 0⤊ 0⤋