Arrest of a minor

What is the name of your state?MN

My nephew was falsely accused of doing damage to a swingset in a neighbors yard. Some boys (enemies of his) named him to the police even though he was at his cousins and the parents there can confirm this fact.

The police came to his house where he was with some freinds in the garage, and told him he was under arrest, frisked him, put him in handcuffs and took him to the station where he was held in a cell until investigators questioned him. He was there for over three hours.
When he finally said that he wanted a lawyer, one of the police said, "I'm tired of this little pissant, get him out of here." His mother (my sister) said that the matter hasn't come up and when she finally got through to the police there, (they were always in meetings when she called) they told her they were probably going to drop it because of lack of evidence.
My question is: Did the police violate my nephew's rights with their behavior?
Thank you.

John
He is fourteen years old.

[CdwJava]

It sounds legal.

If they made the arrest based on probable cause (the complaint and statement by the victim and witnesses) then the arrest was lawful. Whether they should have notified parents or locked him in a cell depends on state law and I am not familiar with MN law in this area so I couldn't say.

If the parents want to pay for an attorney, they can hire one and see if they have a case for anything - but it would not likely be false arrest. At most they might have a procedural violation, and unless there is a codified penalty for the violation, I doubt there would be much (if any) money in it.

- Carl

...by one of his freinds. He ran into the backyard and said, "They're putting handcuffs on John!" When she got to the driveway, they were putting him in the backseat of the squad. They told her they would contact her later.
She waited for hours not hearing anything.
The boy's father died back in June which brings me to another legal question.
He had throat cancer and after surgery was recovering at home. He was undergoing radiation treatment, and with two weeks left of that, and suddenly died one night.
When the police came, they asked my sister if she wanted an autopsy. She replied that she did because they wanted to know for sure the details of the cause of death.
She found out later that the police involved decided on their own that there was no need since he had cancer.
Now, she feels there will always be a nagging question as to how he really died. Is there any cause for legal action here?
If you can shed any light on this one, I would really appreciate it, and I thank you for your previous response.

John99

[CdwJava]

Originally Posted by John99

Now, she feels there will always be a nagging question as to how he really died. Is there any cause for legal action here?
If you can shed any light on this one, I would really appreciate it, and I thank you for your previous response.

John99

Every state has their own policy on autopsies. In some states, it even varies by county. So I cannot answer the question as I am not familiar with your state's laws on the subject.

However, in general, the state will not perform an autopsy if there is a reasonable presumption that the person died of natural causes. If they died of a disease that was likely to cause death, and they were under a doctor's care - and had seen the doctor recently, then the chances of an autopsy are slim unless the doc refuses to sign off on the death certificate.

It's probably not a choice of the police OR the survivors whether to have an autopsy performed or not. However, she CAN pay for a forensic specialist to do an autopsy at her own expense. But the state isn't likely to do it without cause.

- Carl