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They may question them about their involvement to either eliminate them or implicate them in the offense, but cannot conduct a lengthy custodial interrogation without notifiying a parent/guardian of the situtation.

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11y ago
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15y ago

Unless your city or state has some very unusual and restrictive regulations in place - in most areas of the country, yes, they can. School systems act "en loco parentis" which in plain English means that in the absence of parents the school is responsible for the actions and welfare of children while they are at school. If the child is not under arrest and/or not charged with a crime, they may be talked to or questioned by the school staff. Generally, ONLY if the child is in full custodial arrest, is it required to have their parent/guardian present during questioning. REMEMBER: Even though the SRO works in school, he is NOT an an employee of the school system. His employer and his duties are proscribed by law and HIS employer, the police department.

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Q: When can a truancy officer question a child at school with out parent consent?
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