what is the idaho laws on interigating a minor with his parents being there; just because some kids clame he is doing something; he has rights; it happened in the school; then the school sent him home; they have always been after him; perry
2007-01-13 11:01:31 · 18 answers · asked by perry r 1 in Politics & Government ➔ Law Enforcement & Police
The police CAN question a minor without a parent present. I have been a police officer for 11 years, going on 4 as a detective, and I routinely CHOOSE to go to schools to question juvenile suspects just to avoid the hassle of dealing with the parents and the keep the juvenile from having the "out" of turning to his parents when some pressure is applied. The courts have upheld police questioning of a minor suspect without parental notification or presence many, many times. It may be unpopular with some folks, but it is totally legal.
Once I arrest the kid, the law requires that I notify the parent (which I do), but only after the arrest is made.
2007-01-13 18:02:23 · answer #1 · answered by James P 4 · 2⤊ 0⤋
WE have differing views on police interrogations, when a Police interrogation is done your are given your Miranda rights, it sounds like the Police was trying to get a picture from both sides, you know there is always two sides to the story. It is the job of the beat officer to ask questions of all involved in determining if an arrest is imminent. If he was truly interrogating this young man, yes, the Police is wrong, and could be held accountable
2007-01-13 11:11:35 · answer #2 · answered by onAhhroll 3 · 1⤊ 0⤋
In order to INTERROGATE a minor, either the minor's parents or the minor's guardian must be notified. The child should only be interrogated with the parent or guardian's permission. The parent should be given the opportunity to be present at the interrogation.
However, if the police only want to ask the minor questions, they can do that without speaking to the minor's parents or guardian.
If the police did not Mirandize/have to Mirandize the child, they were not interrogating him.
2007-01-13 11:12:07 · answer #3 · answered by jdphd 5 · 4⤊ 0⤋
in the UK the police cannot interrogate a minor (that is a person under the age of 16) without their parent or legal guardian being present. if none of these can be reached then a responsible adult over 18 years and not employed by the police can be present.
2007-01-13 12:36:34 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, they have a right to ask questions pertaining to an investigation. If they wanted to "interrogate" him , they would inform him of his rights (Miranda) so if your kid is smart, you as a parent shouldn't have anything to worry about it. What are you worried about anyway? That your precious baby might actually be a criminal and has gotten caught? Oh I forgot, the children, the school, and now the police have a huge conspiracy going against him. He's just a victim. Did you ever think that maybe the police could prove him innocent?
2007-01-13 11:26:42 · answer #5 · answered by BrutalBaby 4 · 0⤊ 1⤋
I'm not certain about parents being there if the person is a minor, but the child may DEFINITELY have a lawyer present. It's also quite reasonable to assume that he did not know his right to an attorney, and that the police may not have told him he had a right to an attorney or they used threats to persuade him not to wait for one. Something like, "If you make us wait for an attorney to get here, we'll haul you in and book you overnight on this charge of (insert fake charge here)." It happens.
2007-01-14 16:33:57 · answer #6 · answered by baldeaglepatriot 1 · 0⤊ 1⤋
Check your local laws. You also may want to contact a lawyer. Most will give you advise for free. In Mass you have to have a parent or legal guardian present if your son/daughter are brought in for questioning.
2007-01-13 14:51:38 · answer #7 · answered by Neil C 2 · 0⤊ 0⤋
no longer certain once you've a case on your fingers yet you're always entitled to request a witness be modern-day, as I did on events in college so that they get the conception they could't intimidate you or rigidity you into speaking... I had to protect myself from a actual chance once and grow to be taken to the prinipals workplace, I requested my moms and dads be referred to as because I knew i grow to be in the right. My moms and dads sat in and informed the important that they don't sense secure sending their daughter (me) to that college if the college is unable to guarantee the safe practices of the scholars and its completely incorrect that a mushy, astounding, innocuous pupil could ought to protect herself hostile to an unprovoked actual attack. The coaching equipment is noticeably damn screwed. If the guy compelled some thing out of you, say you in trouble-free words reported it lower than duress.
2016-10-31 00:48:36 · answer #8 · answered by ? 4 · 0⤊ 0⤋
For about the tenth time in the last two days, yes, they can talk with your child at school without you being present.
2007-01-13 11:24:28 · answer #9 · answered by ? 5 · 3⤊ 0⤋
they can ,but they should not parent have to be informed, a lawyer is good in this case, but if those kids said something then they most show proof of that, if they are lying then their parents should be worried.
And if the child did nothing wrong, he should not worry.
2007-01-13 11:09:03 · answer #10 · answered by Anonymous · 0⤊ 0⤋