2007-01-19 22:57:15 · 15 answers · asked by dane 2 in Politics & Government ➔ Law Enforcement & Police
Yes and yes, under certain circumstances.
Police can arrest a 12 year old at school if a complaint has been made or if the child has committed an offense.
As for questioning the child, if the police are conducting an investigation and have NOT arrested or charged the child, they can question him/her about the incident they are investigating wihtout the presence of a parent or guardian. Once the child becomes a suspect and/or is arrested, all questioning must be done in the presence of the parent/guardian. If the parent/guardian invokes their right to legal counsel, all questioning stops until the lawyer gets there.
Today's media have brainwashed the American public into thinking that the police must advise everyone of their rights before they can talk to them about anything, and that is absolutely not true. The Miranda warning must be given only if a person has been arrested and/or charged with an offense, and only if the person is to be questioned. You do NOT have to give the Miranda warning if you are going to arrest the person and NOT question them. In my 23 years as a military police officer, I locked up many a DUI without "mirandizing" them simply because I never asked them any questions. This was challenged in court several times and upheld each time.
I would, however, as many cops would and still do, "mirandize" the suspect as soon as he was arrested if I thought it would be a good idea. I didn't do this for the suspect's benefit, I did it for mine - that way, any statement he/she made was admissible in court, whether I questioned them or not. I sent many a bad guy to jail for a spontaneous statement they made AFTER they were advised of their rights.
The 5th Amendment cuts both ways.
2007-01-19 23:22:57 · answer #1 · answered by Team Chief 5 · 0⤊ 1⤋
Because of our reading or our watching television, we all think we know the answer to this one.
I would suggest you research the local and state laws. The answer might be different from what we have always thought was correct in that a child's parents must be notified if the child is arrested and present when the child is questioned.
To the best of my knowledge, anyone can be arrested anytime, anywhere.
2007-01-20 07:07:10 · answer #2 · answered by Blue 6 · 0⤊ 0⤋
I'm a lawyer and my client has been sued on this issue. In my state, you cannot question a 12 year old without parental consent or a parent present unless it is something like a bomb threatr as one of the other answerers said. You just cannot do it and the evidence is not admissible in court if you do. Parents must be notified. If the police cannot find the parents, they must wait unless it's an emergency.
2007-01-20 07:14:18 · answer #3 · answered by David M 7 · 0⤊ 1⤋
A child of any age can be arrested. They, however, cannot question without a parent or guardian, and the parent or guardian must be advised of the arrest. If it is not possible to get ahold of the parent(s), then questioning should be postponed until a child advocate is contacted.
FYI, everyone has the right of refusal...to not answer any questions without a lawyer present.
2007-01-20 07:06:55 · answer #4 · answered by Enchanted 7 · 0⤊ 2⤋
A 12 year old can be arrested at school, but I don't think a child can be questioned without a legal guardian present.
2007-01-20 07:03:06 · answer #5 · answered by Anonymous · 1⤊ 0⤋
POLICE CAN DO WHAT EVER THEY WANT WHO IS GOING TO TELL THEM NO THEY ALL STICK TOGETHER. I JUST DONT UNDERSTAND AS PARENTS HAVING TO BE RESPONSIBLE FOR OUR CHILDREN UNTIL THEY ARE 18 YEARS OLD IF AT 12 THEY HAVE THE POWER OVER US TO SPEAK OR BE QUESTIONED IF WE SAY NO. MOST OF THE TIME THEY DONT EVEN NOTIFY THERE PARENTS IF THEY WERE ARRESTED THEY JUST LET THEM GO AND SEND YOU A BILL LATER OR YOU NEED TO SHOW UP FOR COURT
2007-01-24 06:35:39 · answer #6 · answered by huera_317 1 · 0⤊ 0⤋
Yes they can, but most of the time they do not. The specifics of your situation would determine whether or not what they did was proper. Was he arrested, or detained? Was he officially being questioned as a suspect, or were they just investigating to get to the bottom of the situation? Too many other questions need to be answered before your question can be answered.
2007-01-20 07:32:50 · answer #7 · answered by ? 5 · 0⤊ 0⤋
Can somebody please tell me the case law that says Miranda applies differently to juveniles and adults? Miranda is a Federal decision, and does not vary from state to state. There is nothing in the decision that says a juvenile has the right to a parent with him. It has nothing to do with parents, it has to do with legal counsel during custodial interrogation. The police CAN arrest a 12 year old. They CAN advise him of his Miranda rights. And if the kid waives his rights, they CAN question him. There is nothing in the law that says the police have to wait for the parents until questioning. In fact, if the kid is in custody and the parents show up at the station and demand you stop, you DON'T have to. The parents also cannot tell you the kid needs a lawyer, because your Miranda rights cannot be vicariously invoked. What most of you are talking about is different Agency policies that refer to juvenile interrogations, not law.
2007-01-20 07:59:14 · answer #8 · answered by Max 2 · 0⤊ 2⤋
I guess it depends on whether he was detained or arrested. If he wasn't charged, then the Police can question him just as if he was a witness to an event.
2007-01-20 07:09:09 · answer #9 · answered by Jack 6 · 0⤊ 0⤋
No, they are not supposed to that.Anything they say without the presence of their parents and especially a lawyer will be inadmissible in court.
2007-01-20 07:11:27 · answer #10 · answered by greylady 6 · 0⤊ 2⤋