Can Law Enforcement refuse to allow a parent to be present while questioning tho minor request it? Penal Code?

Question

A minor age 14, was approached by California law enforcement for questioning. Teen request that his mom be present. Both officers refused. He was told if he didn't answer without a parent he would be arrested and placed in juvenile hall through the weekend. We questioned one officer about what we witnessed. He told us that they didn't have to allow a parent to be present, only a lawyer if the child requested it. We insisted that it wasn't right and was told to produce the code and they would change their tactics.
As a parent, my concern is that the minor may not understand the miranda and its consequences. I know my own children are quite niave and probablly wouldn't know when to ask for a lawyer. You want them to cooperate but at the same time protect their rights. Thank you

The child was a suspect and was read his miranda. He asked for a parent and was told no. Basically "answer the questions without a parent or go to jail" as well as the miranda.

I hate the thought of telling my children to request a lawyer for counsel anytime law enforcement questions them. Especially since if a parent is there, they would be able to advise the child whether they can answer a question without incriminating themselves. As parents we want our children to be good citizens and cooperate but are also responsible for protecting their rights.

How often does your children get questioned by the police? As suspects, (to my knowledge) - never;
as witnesses, a few times.

Which federal law says that minors under the age of 14 can have their parents present?

Answer 1

Though I must agree that each jurisdiction has their own policies and procedures, the 5th Amendment to the US Constitution clearly states "...nor shall be compelled in any criminal case to be a witness against himself..." which is applicable to minors as well.

My own state law states that a juvenile, or minor, has the same right to counsel and/or parental/legal guardian representation during interrogatory investigation as a suspect.

The above statement is a mouthful. If you are not being questioned as a "suspect" then there is no requirement for the Miranda Warning!

If the juvenile is a witness and parental presence is hindering the interview there is not a requirement for parental presence.

If you have further questions concerning this issue...feel free to email me directly!

Best wishes.

Answer 2

That is not correct. A minor generally under the age of 16 is allowed to have a parent present, and should have a parent. The department where I worked if a juvenile was under suspicion of a crime then they would wait for a parent to arrive before any questions regarding the incident. We also could not issue a juvenile citation without the parents signature on the ticket. The reason for this is that the juveniles understanding of the Miranda right can be questioned, and often have the case thrown out. It falls on the officer to prove that the juvenile was capable of, and understood his / her rights.

Answer 3

Each state is not different. Federal law requires that anybody under the age of 14 can have there parents present and if an officer starts questioning without them there then he is getting himself into hot water.

Answer 4

The constitution is there to first and foremost protect the individual rights of the citizens. So the first words out of your children's mouth, or any citizen, when being questioned is, " I want a lawyer! " Your children or any citizen can then cooperate without putting themselves in jeopardy per the lawyers advice. That is the best way to protect your children from intimidation and the chances of saying something that is coerced or ill advised.

Answer 5

Each state is different. However, I think that the police acted in an IMPROPER manner. There is a very good chance that they did not even read the Miranda rights. I would inform Internal Affairs or the Attorney General about this.

Answer 6

Application of Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967). Neither Fourteenth Amendment nor Bill of Rights is for adults alone. The privilege against self-incrimination protects juveniles adjudicated in juvenile court just as it protects adults. If counsel is not present, for some permissible reason, when admission is obtained from juvenile, greatest care must be taken to assure that admission was voluntary, in sense not only that it has not been coerced or suggested, but also that it is not product of ignorance of rights or of adolescent fantasy, fright or despair. Gallegos v. Colorado, 370 U.S. 49, 82 S.Ct. 1209, 8 L.Ed.2d 325 (1962).

Confession state officers obtained from 14-year-old boy, who had been held five days without officers sending for his parents or seeing that he had advice of lawyer or adult friend, and without their bringing him immediately before judge, was obtained in violation of due process,

I would suggest you have a sit down with a local attorney regarding your complaint (that's a hint) to the Commissioner of Police.

Answer 7

OFFICERS can question children w/o parental concent depending on what the charges are and what they are investigating, it is up to the officers to ensure that they understand miranda and if they dont it will come back on them

Answer 8

How often do your children get questioned by the police? That is what needs to be concentrated on.

Answer 9

sounds like your kids in training for a life time of crime. better make his understanding of proceedure, a little more cut an dry........yours seems close......