The kid got caught with cigarettes at school, definitely against the law (Riverside cnty CA) we know, we know.... the drug him into the office to call me and suspend him and the officer at the school asked him if he was popular, then said that he heard my son smoked pot alot and that he had been selling it. The officer asked if he were to search the kids room would he find any parphenilia or pornography???
Officer asked the kid if he should call me and my boy told him to go ahead. He didn't. The principal called me to tell me of the suspension and that was it.
Is it legal for him to have questioned him with these sorts of accusations?
Now if you knew us you would understand how farfetched this train of questioning really is. This kids parents have lived life and he is not clueless and neither are we, you know the old saying "you can't kid a kidder". We've not raised a little pothead and he certainly is no angel, but this sort of disrespect is totally uncalled for.
2006-09-12 17:04:10 · 30 answers · asked by SmoothFlo 3 in Politics & Government ➔ Law Enforcement & Police
Some of you are assuming that this is a "bad" kid were talking about.
Good grades, works out, lots of friends, no drugs, no drinking.
Respectful towards others, intelligent, gentle. And yes he is very much a teenager, disagreeable, snotty and just unreasonable sometimes.
2006-09-12 17:31:57 · update #1
To those of you who said something lame like he needs a kick in the a** - GOD HELP YOUR KIDS if that is what you think parenting is about.
And thanks to the rest of you for your opinions and ideas. Alot of you are so correct - our children deserve to be treated with respect and dignity.
What we teach them will be our legacy.
Do you want your legacy to be that of anger or one of respect, dignity and tolerance of others without being a doormat?
We do not raise doormats in this house.
2006-09-12 17:48:52 · update #2
Hey Fresh2
You are right there is more to the story. I am recovered from a seemingly hopeless state of body and mind. Again "you can't kid a kidder".
And have an unbelievably open relationship with my son. He tells me things that make me cringe - but at least it's the truth which was what I was shooting for in the way he has been raised so far. Those are the only missing links in this story.
2006-09-13 18:36:15 · update #3
Some states impose stricter standards, but overall, let me try to explain about police questioning a minor.
Juveniles have the same rights under Miranda that adults have. They can remain silent. They can have their lawyer present. In addition, a juvenile can also "speak to" their parent or guardian before questioning. Keep in mind that each of these things is a right that the juvenile can choose not to exercise. If the juvenile chooses to speak, does not ask for lawyer, and does not ask to speak to the parent or guardian, then that's that. It's all up to the juvenile.
The juvenile has a right speak to you first; you do not have the right to be there during the questioning. You do not have the right to refuse to allow the police to question him. I phrase it as bluntly as I do because when your son is being questioned, it's not about your rights. It's about his. If he chooses not to exercise his rights, that's up to him. You can't make him.
And I understand that you object to the content and phrasing of the officers questions. But you admit that your son broke the law by having cigarettes. The officer's job is not to treat him with kid gloves and make him feel better. The officer's job is to make sure that the other kids at school are safe. Any time an officer questions someone, they are going to try to find out if there are other crimes going on that they don't know about yet. The officer's line of questioning very likely had two goals: 1. To determine if any other crimes were being committed. 2. To attempt to convince your son that smoking cigarettes underage was not worth the consequences when he gets caught. But have you talked to the officer or did your son just repeat what he remembers the officer saying? Even if your son truly meant to just repeat it word for word, it's possible some things got mixed up in translation.
If you don't agree with the officers words or actions, then you can always file a complaint with the officer's supervisor. If the supervisor feels that the officer was out of line, the officer will be disciplined. If the supervisor feels the officer acted appropriately, then they may be able to explain the specific circumstances more to your satisfaction.
2006-09-12 20:16:30 · answer #1 · answered by RJ 4 · 4⤊ 0⤋
It concerns what state you live in for the legal part of your question. The Deputy has in most states all legal athority to talk not interrogate a juvenile. If the juvenile answers questions then there is no legal problem. Also I see where you said that you are not clueless as to what your juvenile is doing. Never underestimate the mind of a juvenile. I was raised in a very loving home with God fearing parents and never around drugs, tobacco, or alcohol. I did all three by the time I was 15. I learned from those mistakes and have done great with my life. I told my parents about all the things I did when I was 21 and they did not have a clue.
2006-09-12 18:59:54 · answer #2 · answered by firemanwfd17 2 · 0⤊ 1⤋
I don't know how the laws are in CA, but in Texas (where I'm originally from), if he is 17, he's considered an adult, so the parent doesn't have to be notified. If I were you, I would contact an officer from another county and ask them what the procedure is, and if it's not legal, pursue it. You could also contact the district attorney to find out whether or not it's legal. And, you need to contact the officer and ask him what his probable cause was for asking such questions. If he doesn't have a probable cause, in Texas, he cannot ask them. A few years ago, I was pulled over for my window tint being "too dark" and the officer searched my vehicle, and was asking a lot of personal questions, that I didn't think were legal. So, I contacted the Sheriff and once I found out that he could not ask the types of questions he had, I filed a complaint. But, I'm not sure if any actions were taken. Best of luck!
2006-09-12 17:21:18 · answer #3 · answered by Bama Butterbean 2 · 1⤊ 2⤋
I think they can question him but I also think they have to have a reason to question him. Im not sure on the laws on that one in your area. However tell you kid the next time just tell the officer he is not answering any questions with out his parents or a lawyer present. That dont mean he is hiding anything that just means he is a bit smarter then the law expect him to be.
You could call your local police department and ask them, and talk to someone one in charge there and let them know you did not appreciate the line of questioning one of their officers asked your son. When drugs and porn had nothing to do with what your son got in trouble for. Neither does being popular for that matter. Plus I would check up on your laws to see if they can question your son who is a minor with out your consent.
2006-09-12 17:16:15 · answer #4 · answered by Anonymous · 1⤊ 2⤋
Yes on an ethical level this was entirely inappropriate for the deputy to engage in this line of questioning without a parent in the room. No, this is not illegal. This type of interagation tactic is common and permitted. They were merely questions asked by the deputy and that is how a judge will look at it. Good luck.
2006-09-12 17:12:41 · answer #5 · answered by Nancy M 2 · 2⤊ 0⤋
The officer was completely in his rights. I believe anyone under 16 it is an option for their parents to come in while being questioned, but unless specifically requested, they often times wont call. Over 16, i believe they have the right to refuse to allow parents in room while being questioned.
i know some kids like this and i have seen the few that got mentors really improved their way of life...better grades, better group of friends...
2006-09-12 17:10:07 · answer #6 · answered by -__ 3 · 3⤊ 0⤋
was it an actual police officer, or a school security officer--a police officer is technically not allowed to question a minor without either the parents consent or parents present...and responses made by a minor to a police officer are not admissable if made without parental consent....sounds like the officer was just trying to scare the kid, maybe in the hopes of not having future problems with said kid.....and as i far as i know, even if the kid had answered yes, the cop wouldn't have been able to get a warrant--also i believe you have to be arrested and gave your rights read to you before you can officially question ant person (of course some of this depends on the state you live in and their laws.
2006-09-12 17:51:36 · answer #7 · answered by silvermaiden4u 2 · 0⤊ 2⤋
Yes it is legal for him to ask him any questions he wished, you son does not have to answer any of them. Police are allowed to lie even, he could have said, that other kids have told him that he does ........ or that they had just searched his locker and found ...... and ask him what about it.
And he can question him without your there.
But this is about standard for officers assigned to schools, esp if they have been on that post too long. They see mostly the bad kids, so they assume all kids are bad in general
2006-09-13 03:42:27 · answer #8 · answered by Anonymous · 0⤊ 0⤋
The lesson (among many) is that this is real life situation with law enforcement. Law enforcement is far from ethical, by the book, or respectful by any stretch.
Your being offended, expecting better, ect. reflects the idealistic beliefs held by most "good middle class anglo-saxon people with good kids" who have little or limited contact with the police other than as the plantif.
Police are experts at playing both sides of the fence The last time I was arrested I watched as four police beat down a loud mouth in the jail as the supervisor directed bearting.
I recall him shouting out "knee strike, knee strike, knee strike" followed by the two guys with knees on his head and shoulders lifing up on that knee and used the other, to knee him in the face and back of the head.
Is that the way it went in to the report? You can bet your life it wasn't. You may be saying to yourself, yea but he brought that upon himself. Perhaps. However, he never laid hands on them. He was cuffed.
Nevertheless, it can be argued that he brought that treatment upon himself just as others are arguing that your son played a role in bringing the line of questioning upon himself.
My point in this: when it is so easy to blame the victem, since thier hands are not completely clean, "good middle class anglo-saxon people with good kids" who have little or limited contact with police other than as the plantif are the least responsive to hearing these complaints.
There are three important things to be learned here.
1) The idealistic idea of how police conduct themselves is a myth held by the middle class.
2) When you get caught doing something wrong you are going to be humiliated and probably suffer some injustice (disrectfulness at minimum) for which there is no recourse.
3) (A) never lie to the police. (B) never confess to the police. (C) it is not disrespectful to tell a police that it is your decsion not to answer his questions, excluding information regarding your idnenity. (D) if you are the suspect, the police can't help you; all deals have to be made with the DA's office. (E) If you talk, you will most often end up helping them make their case againest you, even if it is bogus. Some people think they can talk because they are innocent. That is idealistic. Too much is at stake. Be quite and remember this (F) you can always decide to say something later. You can never take anything back.
Post Script: I see I have recieved thumbs down. Apparently, the above described sect reject that which is outside thier perspective and expeiences. That does not negate the fact that these are my experieces.
2006-09-12 18:57:07 · answer #9 · answered by quarterton2001 3 · 0⤊ 3⤋
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2016-09-30 21:46:06 · answer #10 · answered by ? 4 · 0⤊ 0⤋