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Yes. The police can interrogate any minor without the presence of their parent. Nowhere in the Constitution does it state otherwise. Parental presence is not required in order for the police to question your child. However, your child has a right to refuse to answer any questions or give any information. They also have the right to request a lawyer.
However - If a child requests the presence of their parent while being interrogated, and they are denied that, then any statements made to the police can be open to legitimacy in whether or not the child's statements were given freely and voluntarily, without being coerced. IE: "I'll let you see your parents if you tell me what you did." Not all, but most law enforcement agencies are heavily advised to inform parents before interrogating a minor, to avoid the chance of a situation such as this arising in court at a later date.
Addition for clarity: "Interrogation" as used in the above context refers to custodial interrogation, NOT mere conversation.
The fact that an officer simply speaks to, or with, a juvenile (e.g.: on the street - in school - on a traffic stop - etc) does not imply an in-custody situation. Custodial interrogation implies that the juvenile is in custody for a violation for which he/she has been, or is about to be, charged with an offense.
What else can I help you with?
Can the police arrest a minor at home without the parents present?
In some situations, yes, the police can arrest a minor at home without their parents present, but they must follow specific protocols and have a valid reason for the arrest. Minors typically have the same legal rights as adults when it comes to being arrested.
At what age can a person legally move out of his or her parents' house in Michigan?
You can move out at age 17 without parental consent. But, they have to know where you are staying. The only way they can have the police pick you up is if they can prove your in danger. Other than that the police wouldn't even bother with the situation.
Can a 16 year old charged with disorderly conduct be questioned by police without parents?
In most cases, a 16 year old can be questioned by police without their parents present. However, laws regarding juvenile interrogations vary by jurisdiction, so it's best to consult a legal professional for guidance specific to the situation.
Can a 16 year old mentally challenged child be questioned by police without parents in new york state?
In New York State, a mentally challenged 16-year-old child can generally be questioned by the police without their parents present if they are considered competent to understand and participate in the questioning. However, it is recommended that parents or guardians be present during the questioning to ensure the child's rights are protected.
What happens to a child when they call the police on their parents?
It depends on the reason for the call and the outcome of the police visit. If the child calls to report the parents for a crime, and the parents are arrested, the child will probably be placed with a family member or child services.
When was Michigan State Police created?
Michigan State Police was created in 1917.
What is the budget of Michigan State Police?
The budget of Michigan State Police is 527,300,000.00 dollars.
Can police question 12 year old with parents present when suspected of drug use in California?
Yes
A cop said that a 17yo can not be reported as a runaway in Michigan why do I read otherwise?
The cop is wrong. A 17 year old can be reported as a runaway and the parents are still responsible for them in Michigan. While police would rather not get involved, the parents are within their rights to request and receive assistance.
How many car accidents on campus at Michigan State?
Michigan State Police or the campus police could help you out.
Is the information obtained from the child by the police with out parents present admissable in court?
Yes, if it doesn't violate the rules of evidence.
Can the police arrest a minor at home without the parents present?
In some situations, yes, the police can arrest a minor at home without their parents present, but they must follow specific protocols and have a valid reason for the arrest. Minors typically have the same legal rights as adults when it comes to being arrested.
If a 16-year-old runs away from his parents in Michigan and goes to California would he get picked up by the police?
He certainly could be. He is underage and has no parents to take care of him, that means he is the responsibility of the state.
Should a student reporting sexual harassment by a teacher be questioned by the police without a parent being present?
If he/she is a minor one, presence of parents during police questioning is a must. Otherwise,the school principal ought to be present in the scene.
Is it illegal to interrogate a minor in Kentucky without a legal gardian?
A juvenile can be questioned by the police without his or her parents present as long as it is not considered to be a "custodial interrogation".Once the minor is taken into custody by police, a parent or guardian will be notified in order for them to come to the station. The police can question the minor without their parents present, howeever the minor is within their rights to remain silent and request a solicitor.
Is it possible for police to question an 8 yr old in a police car without parents?
If the child was alone and in 'strange' circumstances and the police found it necessary to talk to him, to find out information, yes they can. If he was taken into custody and questioned in a situation where it was clear that he wasn't going to be released then the parents should have been present.
Can a 15 year old be questioned by police with parents in Ohio?
Absolutely, all children can be questioned as long as the parent(s) are present.
