Unlawfull (16 year old)?

Question

I want to know if anyone can help. My 16 year old boy was arrested a few hours ago. The police said they would call me when I could pick him up. They did NOT read him his maranda rights, finger printer him and took his picture. ( I was not there for any of this, they arrested him at my home) All of this is because he got very loud with a police officer. Is this legal?

I agree with him being disrespectfull My local police know me well. I used to translate for them. He should not have gotten loud with the police but there is a very long story behinde why he is disrespectfull toward them. I can e-mail ya the store or just keep your eye out at www.publicopiniononline.com I am sure there will be an artical because I don't plan on being quiet.

No maranda right have to be read if you are arrested. I live in PA. If a minor is 16 he can be charged as an adult if it is a felony (sp) I know that much

For those of you makeing mean comments you don't the hole story. I was home! Several months back someone broke into my home and put a gun to my head. The police now know who did this and have done nothing to arrest these thugs because they are minors. Maranda rights where not given to my son and I was not allowed to be there when they questioned him. I am not looking for a "loope hole" I was here when they cuffed him and told him he was under arrest. I asked my son when I pick him up Did they tell you "You have the right to remaine silent You have the right to an attorny, If you can not afford one and so on.. He said now why should they ask me that. He didn't even know what "Maranda ment. He thought I was talking about a girl.

OOppss I didn't mean I agree with him being disrispectfull, I ment I agreed with the guy who said he shouldn't have been disrespectfull. Sorry about that.

Answer 1

The police officer more than likely did not question him about what took place and therefore he did not have to read him his rights. Police officers usually do not question juveniles and so they do not read them their rights. From my understanding, a good police officer will usually tell the juvenile not to make any statements or talk about the things that led to their arrest if they have not read them their rights.

You do not have to be there for the juvenile to be finger printed and their photo taken. It is strange they did those things though, as from what you said it doesn't sound like he committed a felony, unless there is more to it than you know.

Sorry to break it to you, but it was all legal what they did.

Answer 2

Why were the police at your house in the first place? I don't like cops to begin with, but it sounds to me like the cops didn't have the right to be on your property in the first place. Send me an email of the story at [e-mail], and I will be more than happy to give a more appropriate answer given the whole story.

If he wasn't read his rights then the arresting officer is at fault for one, 2 you or a legal guardian should be present before he is questioned, so they had no right to arrest him even for being disrespectful, especially if they are anything like the cops in the town I live where the cops are down right rude, disrespectful, and corrupted.

Answer 3

The Miranda WARNING does NOT have to be read when someone is arrested. They only have to be read when some one is in custody and being interrogated. For a juvenile arrested for obstructing the legal process, the Miranda WARNING would never have to be read.

Very legal. I would do the same. How do you know if he was photographed and fingerprinted? And why would this be done in your home?

Answer 4

yes its legal. the Miranda rights only have to be read before questioning. he will probably end up getting a ticket for disorderly conduct and/or obstructing an officer. what state was this in? some states send 16 y/os automatically to adult court. its not a felony so he won't be in adult court. depending on the actual event he could just end up with a municipal citation. make sure he pays for this himself because he did make a mistake. ya live and ya learn

Answer 5

Loud in what regard? Was he interfering with a police officer in the performance of his duty? If so, the police have evry right to take him into custody.

There is a difference to being taken into custody and bing arrested. If arrested, they will miranda him. If taken into custody, they may not have charges, though they would not take fingerprints if he is no under arrest. They must Mianda him before questioning.

Answer 6

Yes this is legal. If he was being very loud with the officer, he could be charged with being a public nuisance. His picture and prints are also taken but he is released to the parent because you can not incarcerate a minor

Answer 7

If they Mirandized him, they would make him sign a paper. If you weren't home how do you know they didn't read him his rights? If he said they didn't do this, he may not be telling the truth. The ones who get arrested are always the ones "not doing anything wrong".

BTW In your question, you said you WERE NOT home. "( I was not there for any of this, they arrested him at my home)"

Did your son sign anything when they took him in?

Please do not attack us, you were the one who asked the question. I'm an attorney, so I do know what I'm talking about.

Answer 8

How about instead of worrying about if everything was done by the book, worry about why your son is getting disruptive with the police. He should have more respect for the authorities.

Answer 9

A lot of times, they just ask "do you understand your rights". Thats what they did to me when I was arrested. It's completely legal. You should worry about controling your son instead of trying to find loopholes in the system lady.

Answer 10

Who told you that they did not read him his Miranda rights? Could they have read him his rights as they drove away? A little common sense please, cops don't make the Miranda rights mistake anymore. On the plus side, kudos for raising a belligerent 16 year old brat dumb enough to get mouthy with the cops.