Can a police officer question a minor without parents approval? If so then can they force them to sign papers?

Answer 1

No, they can't and shouldn't, a legal guardian of a minor MUST be present upon most questionings and arrests even, unless that minor has committed a felony act that is still technically "fresh evidence" (shooting someone in front of a police officer for example)

The only thing to this, is just like how civilians are privy to police officers to withhold information and be sneaky, officers can be just as sneaky, minors are required to have a guardian around, but police officers are not entitled to make the minor aware of this, and any information given freely, is just that, given freely.

*Edit* My mistake, as chuck said, the laws have changed, the reason i answered on this is because,when i was younger, I was incident directly to one of these questionings AND arrest, in which the officer was reprimanded, and susequently demoted, do to actions of questioning AND arresting me without prior consent from a guardian or school official. Best bet is, as I said before, be aware that police can still be sneaky, they arent entitled to tell a child anything he NEEDS to know, they will tell him he/she can sign a waiver, but they WON'T tell them that they have the right to refuse to sign as well, and will do their best to scare a child into submission even, I say this having been subject to it when I was younger. Make sure your children are taught well and undersant their rights to the law.

Answer 2

This will be dependent upon state law.

Most states (perhaps all) do not require a parent be present with a minor child during questioning under most circumstances. In CA if a child asks for their parents this can have the same effect as a client invoking the Miranda right to speak to an attorney, but this is not the case with all states.

Do you really think we call mom and dad every time we speak to a minor caught driving too fast, riding a bike without a helmet, or shoplifting? It's not required in most situations.

So, the answer to the first question is: Yes, a police officer can question a minor without parental approval.

As for the second question, it really depends on the "papers" you are referring to. Yes, we can compel the minor to sign a citation or similar document. There can be consequences for the failure to sign. Can the officer compel the minor to sign a confession? No.

The answer to the second question is then: Sometimes.

- Carl

Answer 3

Police Questioning Minors

Answer 4

Of course an officer can question a minor without parents approval. it would be pretty regoddamndickioulas if they couldnt. In almost all states the officer can talk with a minor, even if the minor is a suspect if they have been mirandized and then when asked if they want a parent with them when he is being questioned. If the minor says no then questioning continues. the parents are still notifed of the contact or arrest and where the kid was taken.

juveniles are handled the same as adults except with the additional right to have his or her parent present during questioning if he so chooses.

Answer 5

Sorry it appears many are answering from what they see on TV police shows.

Things will vary from state to state somewhat. But yes police can question a minor without the parents there. This happens at the scene of the crime, by school resourse officers all the time.

Police do not force anyone to sign, but they can ask them to sign a statement, not force but ask.

Answer 6

The short answer is...yes, but in what way are you asking.

If a cop sees a 10 year old on the street lost are they not allowed to talk to him? Of course they can so Yes a minor can be questioned.

If your talking about criminal questioning it depends laws vary from state to state and city to city. If I am at the sence of a crime and their is a minor present I can question them the my hearts content. They don't have to answer but I can ask.

However in many cases a cop who is conducting a criminal investigation can being a minor in to talk to them without parents present. They have the same rights as anyone else (lawyer, right to remain silent) but I am not required by law to have the parents present.

So yes police can question a minor without the parents there.

It occurs every days at crime scenes, by school resourse officers and beat cops.

Also a cop can ask minor to sign anything. Most commonly a miranda rights waiver. This is tricky but courts have upheld that minors can sign, they can also refuse.

Answer 7

What you described is perfectly legal. The Officers may pat you down and search you without your parents permission. The search of the vehicle was valid under the Carroll Doctrine which states that if probable cause exists the Officers may search a vehicle in a public place. The Carroll Doctrine stems from a US Supreme Court case from the 1920s. I have no idea if you are being charged or not. The Officer may go take out a warrant on you or he may just throw the blunt away and forget about it.

Answer 8

Just like Chuck said, nearly all of you are mistaken. There is no law forbidding a police officer from questioning a minor without his parents, whether asking "regular" questions or interrogating them for a crime.

Answer 9

Of course cops are going to say yes because that's their way of getting away with doing something against the Fourth Amendment. it seems to me that the police in this country are worse than the criminals themselves. Parents need to educate themselves on what police brutality is because most officers who think they can intimidate Minors will do so even though it's a violation of their constitutional rights and they won't inform them of their constitutional rights because they think these children are stupid, it's time for the people of America to reign in the unlawfulness of the very people that are hired and placed in the position to protect our laws and they violate them themselves. Instruct your children to invoke their Fifth Amendment right when the officer says can we talk no sir I need an attorney or one of my parents can I get some information no sir I invoke my 5th Amendment right call my parents. The police are worse now than ever.

Answer 10

They can question a minor as much as they want and ask them to sign something, but nothing that they say or sign is valid without an attorney present or their parents' permission.