The police called and said my son was not in trouble but they were asking him questions about another kid. i said ok and then they searched him and gave him a pee test and looked at his phone.
I have not had a case where there was an issue, so I have not researched or litigated it, yet. A key question when it comes to "legal rights" is "what remedy is available to enfore this right?" Without an effective legal remedy, a purported "legal right" is an illusion. In a criminal or juvenile delinquency case, when police break the law to get evidence against the accused, the defense can ask a judge to suppress it from trial evidence. Suppression is a remedy for illegally obtained evidence in a criminal case. It is also possible (though difficult) to sue police in a civil rights lawsuit for money damages for harm caused by police misconduct that violates civil rights. Those considering this must consult a plainitff's civil rights lawyer quickly, since delay can bar or destroy and civil claim. A key factual issue can be "consent" and police will often argue that an ambguous situation (or worse) was "consent" - a waiver of legal rights. So, it is important to learn about one's legal rights and to politely but firmly assert them to police by refusing to talk to them, or consent or allow any search. A taking of bodily fluid is a search. The only contexts I can think if where police have legal authority to search and take bodily fluids and gases is where there is probable cause of DWI and the like, and of guns and alcohol together.
I don't believe the issue has been decided in Minnesota. But many times juveniles have a right to contact their parents or otherwise have their parents involved after they are detained. You will want to contact an experienced criminal defense attorney to help determine whether a challenge can be made in your son's case.
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Law enforcement is not required to speak with parents or have a parent present when questioning a child. However, it is another matter entirely to ask a child to submit to testing of urine or blood.
In a case as the one you describe, if the child is charged with a juvenile offense, you maybe able to challenge the testing as a constitutional violation and seek to suppress any results. That may, in many cases, destroy the State's case resulting in a dismissal.
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