2006-09-26 16:41:05 · 12 answers · asked by skipper_miller 2 in Politics & Government ➔ Law Enforcement & Police
Yes. Police can take a statement from a minor without parental consent or presence.
Your question does not include if they were talking to the minor as a victim, a witness, or a suspect, so I'll detail all three.
If a minor is a victim or a witness, the police have every right to question that minor without parental consent, presence, or even knowledge beforehand.
If a minor is a suspect, there are some restrictions put on the police. Let me first get into a misconception about when the police must read a person their Miranda Rights. When the police simply question you about a crime, even as a suspect, it is not required they advise you of your rights. The police must only advise you of your Miranda Rights AFTER you have been arrested and they intend to question you again. Many departments have a policy directing their officers to give the Miranda warning before this, but that is a departmental choice.
Once a minor has been arrested, the police must read the minor their Miranda warning, and explain it to them to ensure they understand, before they interrogate them. In addition to the Miranda Rights given to adults, a minor has the further right to speak to their parent or guardian before questioning. That is the key here. It is the minor's decision, in the end, whether or not to speak to the parent.
And that is all that the parent is allowed. If the minor wants to speak to the parent before questioning, then the police have to make every reasonable effort to allow the minor to do that. That does not mean that they can't speak to the minor if they can't get in contact with the parent. That means that if they spend a "reasonable" amount of time and effort trying to contact the parent, but are unable to do do so, they did their due diligence.
If the minor asks for the parent, and the police make contact with the parent, then the parent and minor are allowed to speak to each other. This can be a phone conversation or one in person. This can last 5 minutes or 20 minutes, that discretion is left up to the officer.
Once that conversation has been completed, that's it. The parent has no legal right to be present during the questioning. The parent has no legal right to stop the police from questioning the minor. The parent DOES have the right to contact their attorney and have the attorney be present for that interview. A minor has every right to the advice and presence of an attorney that an adult has.
But none of that says the parent has to consent to or be present during the questioning. So again, yes, the police can question minors without the parent present..
2006-09-26 19:43:37 · answer #1 · answered by RJ 4 · 3⤊ 0⤋
It would depend on the State and would also depend on the manner of the statement. You have stated that no guardian was present, but was the guardian informed prior to the statement being given? But, if the statement did not implement the minor in a crime I would imagine that it would be valid. If that statement was a confession and the minor was a suspect, then I would imagine the police would have to at least inform the guardians of their intent to question the minor. The guardian would have the right to be present and to have a lawyer present.
2006-09-26 16:49:50 · answer #2 · answered by Mr Mojo Risin 4 · 1⤊ 2⤋
It depends on the state. In my state, you can take a statement from an minor without a parent present if they are a witness or victim to a crime but not if they are a suspect. This can be risky because if they incriminate themselves in the statement and go from witness to suspect you may not be able to use it. Interviewing a minor victim without a parent present can have some advantages though. Kids are more likely to tell the truth when their parents are not around, especially if they were doing something their parents would not approve of.
2006-09-26 17:00:05 · answer #3 · answered by Mike 3 · 0⤊ 2⤋
each and each time a regulation officer pulls over a vehicle pushed by ability of a minor for a site visitors violation, they discuss with a minimum of one yet another and not making use of a determine! i think of you're perplexing what happens when you're arrested for a criminal offense, wherein a minor won't be able to be puzzled and not making use of a determine or father or mom modern.
2016-10-18 01:20:31 · answer #4 · answered by finkenbiner 4 · 0⤊ 0⤋
Depends on what the statement is. De he see something and he told the police what he saw ? Thats alright. Did he commit a crime and the police man got a statement, then he needs to have a parent there.
2006-09-26 16:58:31 · answer #5 · answered by The Main Man at Yahoo 4 · 0⤊ 2⤋
They aren't suppose to, but they do. Stress to your children that if ever they get into a situation where they are being questioned by police or anyone else with authority; guilty or not.... just say "I want to call my parents." then say nothing further until they are allowed to make the phone call, or their family is called for them and they are sitting next to them while being questioned. At that time, the parent can decide if an attorney should be called in.... Say nothing to no one until mom/dad are right there with you.
2006-09-26 16:59:42 · answer #6 · answered by momzilla 2 · 0⤊ 2⤋
i think so. if it is used to solve a case i think the cops can do that. unless he is unsable and read and right, his statement could be very useful in the correct justice for a crime. i think they should be able to.
2006-09-26 16:50:03 · answer #7 · answered by sx_rx_rocknroll 3 · 0⤊ 1⤋
Noand if the parents push it the police could get into alot of trouble.
2006-09-26 16:50:28 · answer #8 · answered by srcall1 2 · 0⤊ 3⤋
nobody can talk to a minor w/o parents consent. go to local library and find out your rights state level and government level.
2006-09-26 16:47:08 · answer #9 · answered by strwbaries 2 · 1⤊ 3⤋
Nope that's againest the law
2006-09-26 16:49:42 · answer #10 · answered by sugarbdp1 6 · 0⤊ 2⤋