2007-01-19 22:46:15 · 19 answers · asked by dane 2 in Politics & Government ➔ Law & Ethics
If this happened to someone you know, they should consult the American Civil Liberties Union they would probably handle the case for free.
2007-01-19 23:43:20 · answer #1 · answered by Anonymous · 0⤊ 0⤋
They can arrest a minor, but a minor without a parent present cannot waive his or her Miranda right to remain silent or be questioned without the opportunity to be represented by an attorney during questioning. If the police still question the minor, the minor's statements and any additional information that those statements lead to, are inadmissible in court.
This is called the "fruit of the poisoned tree." Suppose the police learn from the boy's answers that drugs are in a certain location. The subsequent (how's that for a lawyer word?) seizure of those drugs cannot be presented as evidence either.
2007-01-20 07:42:44 · answer #2 · answered by chbrown 1 · 0⤊ 0⤋
In Canada, the law provides such a child has the right to have an adult (parent or guardian) present for all questioning. The police will have advised him of this, as will any Brydges counsel he called (or was given the opportunity to call). Of course, if he is advised of that right and decides to speak to the police anyway, it's his decision and his problem. The weight given to evidence collected by the police from the boy is another question altogether. Get some good criminal law advice (Legal Aid if you can't afford a lawyer) and tell the kid to shut up ASAP. He's not helping himself and probably hurting himself the more he talks!
2007-01-24 00:08:18 · answer #3 · answered by Eric W 3 · 0⤊ 0⤋
No they cannot. The Supreme Court ruling is In Re Gault, in which the court stated that a parent must be notified if a minor is arrested and must be present during questioning. An arrest can occur but no questions are permitted until the parent gives consent, hires an attorney to represent if they are unavailable, or is present.
2007-01-21 01:24:15 · answer #4 · answered by Rhode Island Red 5 · 0⤊ 0⤋
The police can detain a 12 year old boy if he has committed a crime. They can even question him without his parents or a lawyer present, but anything he says is not admissible in a court of law.
2007-01-20 07:33:32 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I think they can question without either present if the kid doesn't know he has rights to a lawyer...
2007-01-20 07:38:21 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Arrest, yes. Question, prior to being in custody, yes. Question after being arrested, no.
2007-01-20 07:25:31 · answer #7 · answered by Anonymous · 0⤊ 0⤋
He can be detained but not questioned without consent from the legal parent or guardian I would get a lawyer involved
2007-01-20 06:54:15 · answer #8 · answered by JOHN D 6 · 1⤊ 2⤋
yes
they can arrest somebody without their lawyer
but as soon as they say they want a lawyer they have to stop
2007-01-20 06:54:08 · answer #9 · answered by accord 2 · 1⤊ 1⤋
depends. If they read him his rights and the boy waived his rights to having a lawyer present, they probably could, but since he's a minor, the parents probably need to be there
2007-01-20 06:49:11 · answer #10 · answered by High On Life 5 · 2⤊ 2⤋