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What are the laws regarding arrest and questioning of a minor without a lawyer or parent present?

Minneapolis, MN |
Filed under: Juvenile law

My 14 year old old was detained by officers at 8pm. I was not notified until 3am. I was told that post-Miranda, my son was questioned. I am not even sure what that means. Is it even legal for police officers to question a minor without even notifiying his parents?

My son did ask to call me twice and was told he could after questioning. He admitted to charges because he did not understand the questioning. He currently recieves special education services through the school for his ADHD as well as delayed comprehension and processing of information. Doesn't any of this make a difference ?

Attorney Answers 3

Posted

Post-Miranda questioning likely refers to a situation where a person is questioned by police after a Miranda warning about their right to be silent, consult an attorney first. Though I am unaware of an appellate case or statute which requires police to inform juveniles of their right to have parent present during questioning, a juvenile does have that right in Minnesota. If they are lucky, the juvenile will refuse to answer questions without a parent being present (and a lawyer). If so, police would be required to stop. Usually, they will then seek out a parent and try to persuade the parent to allow it.

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I think the above question was not answered, and the questions was purposefully vague. The question did not suggest that the child was arrested, but that the length of time before ex wife called him was sufficiently after the questioning. The fact that the kid is mildly retarded does not come into play, because the child was probably still smarter than the cops. The parent here does not care if their is guilt or innocence but rather that this is probably a troll question. I think the crime was the 14 yo boy showed his "stuff" at the bus stop to the girl next door, who happens to be in his third period class. The crime of indecency, lewdness, sexual harassment were considered. The lawyer should say to NOT talk with lawyers and cops. And then use your disability as designed. The fact that your kid is mute does not mean he could not tell you after supper, that they asked to look at his privates ect...

Posted

Questioning a person "Post Miranda" means that after a Miranda warning was given, and consent to question was established, authorities questioned a person they were detaining. As for questioning him not in your presence, the laws in various states differ on that depending on the state constitution. The failure to notify the parents for 7 hours may in fact render the statement coerced. Further the government will have to prove your son made a knowing waiver of his rights.

Anytime a person is charged with a crime, even juvenile, a lawyer should be involved. There are numerous rights and opportunities that the public is unaware of that need to be asserted. Hence you ought to get an attorney involved in this case as soon as possible.

Good luck.

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The answer involves both State and Federal law. Custodial Interrogation requires Miranda-type warnings, and if one asks for an attorney, interrogation is supposed to end. what is custody and interrogation for purposes of miranda "kicking in" can vary with the facts of an episode. the role of parent in this analysis may well be important, or not, depending on, again, the facts. a youth asking to talk to a parent who is also a lawyer might force questioning to end. some states do make parental involvement, even permission, a requirement for juvenile questioning. many do not. my own state(Oregon) does not hinder law enforcement interrogation by adding a "parental notice/permission" feature to the drill they need to do with a juvenile suspect. asking to speak to their parent, or a parent trying to invoke miranda rights from afar, do NOT make further questioning unconstitutional without more, much more perhaps. a parent's presence may, and may not, improve the law enforcement officer's ability to examine a youth. it is, in many quarters, left to the officer to decide what role a parent is to have during their child's questioning. the maturity of the child, the conditions of questioning, including time of day/night, fatigue, style of inquiry...these facts inform the voluntariness of a youth's statement. voluntariness is every bit as important to the reliability and admissibility as whether miranda rights, which are intended to preserve one's right not to incriminate oneself. a good juvenile justice lawyer in your jurisdiction is needed here to adequately analyze what was done with your child.

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The child would be inevitably questioned at a school. The 4th amendment applies to children, and parents. It was that pesky Constitutional oath as a primary duty for lawyers and police. The citizen does not take that oath. The school district has no authority to allow state, police to interrogate a minor child, based upon anonymous tipsters. The must have probable cause. Suing these fiends for violations is another thing. Warn your children that we are progressing through fascism, which is a police state. Oregon's AG suggested that it is a "tool in child abuse cases" that children do not have 4th amendment protections. However, he retired as well as the state bar official above. The state of Oregon has no respect for sanctity of parents and children because of their homosexual courts, judges and state employees.

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