My husband is an administrator in schools. He works with a family who's father is a police officer in our city, and we live in his "beat" area. My 13 year old son had a ten second scuffle in a different school. The parents called the police. The police officer who my husband has dealt with in disciplinary measures for the officer's children came into our home,were gone, my 10yr.old daughter, 15 yr. old son with autism witrnessed. He asked if we were home,son told him no. He came in our house - asked child about the incident at school. We received no phone call. We came home and my son told us police interviewed him. The officer made no attempt to call us, he has frequently contacted my husband for his children's behaviors at school, threatened my husband at work two days later.The officer found no witnesses to the event although there were 17 boys and 2 coaches in the gym during the time that the scuffle occurred. My son was found to have done nothing wrong. The officer knows my husband's cell and made no attempt to contact us before or after the event. We had to contact him. The police report states there were no witnesses. It states that my son stated in response to the question "Did you kick ____ in the head?" "I might have." Our son told us he did not say that, and he and my three children were scared. I sent in is official statement by email but it was not reflected in report.
Unfortunately, there is nothing that requires a police officer to seek permission of a parent or have a parent present when questioning a child. The question is whether the officer was allowed into the home and whether or not he elicited incriminating statements through proper methods. You should consult with an experienced attorney.
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You raise multiple issues. For one, since you state a peace officer has 'threatened' your spouse, I suggest your spouse make a police report or alternatively first pay to confer privately with a well experienced attorney at this time and she can advise him in great detail based upon the full facts. Assuming your spouse seeks formal legal counsel and advice, to be cost effective, I suggest your spouse address the matter of a 'scuffle' with his attorney: If your spouse conferred with me, I would have several questions to address with him, in order to provide sensible, prudent and appropriate legal advice. My impression is that perhaps your spouse would want to pay to have (a well experienced attorney) be 'on retainer' for an indefinite time period. Be wary of free advice.
Tricia Dwyer Esq.
MINNEAPOLIS/ST. PAUL - ST CLOUD. This law firm may accept avvo posters as clients but this post is not legal advice and does not create an attorney-client relationship. This post is to be considered general information which may or may not apply to your personal situation. Please do seek private attorney counsel as to your personal legal issues and needs.
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