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Can detectives or police officers question a minor without a parent present in their own home?

La Grange, KY |

17 year old home alone was questioned by four detectives and they threatened him and searched our home.

Attorney Answers 2

  1. In general, law enforcement have the right to investigate a crime and certainly have the right to speak with a minor relative to their investigation. Some law enforcement officers will contact the parents of a juvenile prior to any questioning. I don't have enough facts to specifically answer your question.

    In a historic Supreme Court decision, the Court held:
    In re Gault, 387 U.S. 1 (1967), was a landmark U.S. Supreme Court decision that held that juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults, such as the right to timely notification of the charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel. The court's opinion was written by Justice Abe Fortas, a noted proponent of children's rights.

    Go online and google this decision for additional background. Your question contains several subparts dealing with the 5th amendment right to remain silent and the 4th amendment relating to a possible illegal search and seizure. Additionally, your question involves the 6th amendment right to counsel.

    Contact a competent Criminal Defense Attorney in your area for advice.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

  2. Damn so much about the law is not black and white or yes or no. And I hate it when someone tells me, "It depends." But it does depend. Yes, usually police can questions a minor, but 4 DETECTIVES alone with him without a parents or an attorney? That seems a little extreme unless it is a very serious felony. Kid needs an attorney. That was a good question. I could tell you were thinking the same thing as I was. . . 4 Detectives? 4? No parents? Did they even have a warrant? If not, who gave the police permission to come in? Were they invited in or did they invite theirselves in. These things need to be discussed with an attorney THOROUGHLY.

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