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Can police interagate a 12 year old with no parents present in Michigan?
Raveenstra
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.
Wiki User
∙ 12y ago
In Michigan, a juvenile under the age of 17 has the right to have a parent or guardian present during police interrogation. If a 12-year-old is being interrogated without a parent present, it may be a violation of their rights. It is important to ensure that the child's legal rights are protected during any interactions with law enforcement.
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