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calling all ot lawyers

Posted on 12/13/19 at 9:29 am
Posted by L1C4
The Ville
Member since Aug 2017
16594 posts
Posted on 12/13/19 at 9:29 am
Is it illegal for police to question a minor without a parent or guardian present?

Asking for a friend.
Posted by arseinclarse
Member since Apr 2007
35469 posts
Posted on 12/13/19 at 9:30 am to
How old is the "minor"?
Posted by biglego
San Francisco
Member since Nov 2007
85538 posts
Posted on 12/13/19 at 9:31 am to
May depend on the state. But generally yes. Still need Miranda.
Posted by L1C4
The Ville
Member since Aug 2017
16594 posts
Posted on 12/13/19 at 9:31 am to
15 or 16
Posted by GEAUXT
Member since Nov 2007
30617 posts
Posted on 12/13/19 at 9:32 am to
You raising shite heads?
Posted by Kyrie Eleison
Waco, Texas
Member since Jul 2012
1588 posts
Posted on 12/13/19 at 9:32 am to
depends on the state...here in Texas, a juvenile can be questioned so long as they're not under custodial interrogation. if they are, then a parent or guardian has to be present prior to and during (unless waived) or the statements are (supposed to be) inadmissible.
Posted by FalseProphet
Mecca
Member since Dec 2011
11723 posts
Posted on 12/13/19 at 9:33 am to
Super context-specific question. Is the minor the suspect or a witness? Was the interview custodial or merely info gathering?

You aren’t going to get the right answer here.
Posted by Motorboat
At the camp
Member since Oct 2007
24319 posts
Posted on 12/13/19 at 9:34 am to
You should watch Making a Murderer and see how Brenden Dassey was interrogated.
Posted by Displaced
Member since Dec 2011
33054 posts
Posted on 12/13/19 at 9:35 am to
quote:

Is it illegal for police to question a minor without a parent or guardian present?

As a witness or as a suspect?

Isnt parental consent required?
Posted by L1C4
The Ville
Member since Aug 2017
16594 posts
Posted on 12/13/19 at 9:36 am to
Not really sure of the specifics.
Posted by OysterPoBoy
City of St. George
Member since Jul 2013
45546 posts
Posted on 12/13/19 at 9:37 am to
quote:

How old is the "minor"?


That's a question!!!
Posted by MoarKilometers
Member since Apr 2015
21412 posts
Posted on 12/13/19 at 9:38 am to
quote:

Not really sure of the specifics.

Then why would you expect a correct response?
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
27902 posts
Posted on 12/13/19 at 9:41 am to
Ask Brendan Dassey
Posted by Aristo
Colorado
Member since Jan 2007
13292 posts
Posted on 12/13/19 at 9:48 am to
quote:

Is it illegal for police to question a minor without a parent or guardian present?



Question how?
Posted by PearlJam
NotBeardEaves
Member since Aug 2014
13908 posts
Posted on 12/13/19 at 9:55 am to
quote:

Not really sure of the specifics.
But please provide free legal advice.
Posted by 225Tyga
Member since Oct 2013
19965 posts
Posted on 12/13/19 at 9:58 am to
Nope its not illegal
This post was edited on 12/13/19 at 9:58 am
Posted by 225Tyga
Member since Oct 2013
19965 posts
Posted on 12/13/19 at 9:58 am to
What did the minor do? Or what is the minor getting asked about?
Posted by DaTroof
Louisiana
Member since Jun 2015
992 posts
Posted on 12/13/19 at 10:01 am to
Newsflash - Cops can do pretty much whatever they want and I wish I was joking. They can literally beat the shite out of you while you're in handcuffs and 10 other cops will show up and defend their actions. Don't believe me? There are multiple instances of this happening on videos you can watch for yourself online.

So...can they question a minor without a parent or guardian present? Yes. They do what they want and you're supposed to just go along with it each and every time regardless of how much they are violating your rights, simply because they are a law enforcement officer. Don't you dare resist because this will just make it much worse.

Should they question a minor without a parent or guardian present, and is this legal and/or moral and ethical? Well that depends on who you ask.
This post was edited on 12/13/19 at 10:03 am
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
76156 posts
Posted on 12/13/19 at 10:09 am to
Based on all of the back story furnished by the OP, probably sometimes the answer is yes and no.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
33415 posts
Posted on 12/13/19 at 10:11 am to
This kind of question is case in point of why people’s perceptions of attorneys being “crooks for billing so much per hour” is so absurd.

It’s a poorly thought out question, light on crucial detail, so it would take me about fifteen minutes to type out a mini treatise in response. I’m only capable of typing out said treatise because I have years of incredibly specialized education and experience.

Or hey, go “read a law book”. It should all be in there, after all.
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