police officer questioning minor

What is the name of your state? wisconsin

my 15 yr old son was questioned regarding an alleged crime committed by a friend. the neighboring county detective told my son that people in town mentioned his (my son) name, wanted to know where he was on such and such a night , if he knew anything about the crime and if he did not tell the truth, he would be cuffed faster than he (my son) could tell a lie. the questioning was conducted at the public school, during school hours, with a local officer present, no school official present, and without my knowledge or consent. What is the law pertaining to a situation like this and what are our (my son's) rights.

ired_mom

[racer72]

It sounds like everything was done legally. Minors can be questioned by police officers without parental consent or permission.

[stephenk]

So does your son have any information on the crime?

Originally posted by ired_mom
What is the name of your state? wisconsin

my 15 yr old son was questioned regarding an alleged crime committed by a friend. the neighboring county detective told my son that people in town mentioned his (my son) name, wanted to know where he was on such and such a night , if he knew anything about the crime and if he did not tell the truth, he would be cuffed faster than he (my son) could tell a lie. the questioning was conducted at the public school, during school hours, with a local officer present, no school official present, and without my knowledge or consent. What is the law pertaining to a situation like this and what are our (my son's) rights.

ired_mom

A parent or legal guardian or an attorney is to be present during the questioning of a minor. Let me edit that "questioning" to be interrogation of a suspect as opposed to just questioning as a witness. From your description, this was clearly the former and it was improperly handled.

If they threatened to "cuff him" then they were obviously considering him a suspect. He should have had a parent or lawyer present. I doubt anything he said could be used against him.

[racer72]

Ahh, Bill and Ted's Excellent Adventure. Too bad both of you are wrong. The minor was not under arrest at the time of the questioning thus there was no requirement for a parent, guardian or lawyer to be present. The officer was attempting to obtain the facts related to a crime. If the officer felt he had enough information to make an arrest, the minor would have been transported to a juvenile facility and at that time, the there would be a requirement for a parent or guardian to be notified. I clarified this information through my cousin's sister in law (she is currently the Attorney General for the state of Washington) after my step daughter got herself in trouble and my wife and I were not notified till 3 hours after her arrest.

If an officer in telling a 15 yo kid that if he doesn't tell the truth he is going to be cuffed faster than he can tell a lie, I would say that the 15 yo would not feel free to leave. And I think that would be easy to prove how he felt. Therefore he would be in 'custody' but not under arrest. Miranda would apply, so an adult is needed.

This is very simple. If a juvenile is being questioned as a suspect of a crime, a parent, guardian, or attorney must be present. The juvenile in this case was being questioned as a witness with possible information about his friend's criminal activity. The officer was warning him about the consequences of lying to him. The questioning was proper.

Stating that if he doesn't tell the truth he is going to be cuffed faster than he could tell a lie crosses the line when the subject is 15 yo. You suspect that he might lie or have reason to lie. Thats why you make that statement. At that point you are no longer just questioning him as a witness.
"You have to realize how important it is that you tell the truth. If you lie you could get in trouble for doing so." Thats how you start the conversation. That is a warning.

Originally posted by racer72
Ahh, Bill and Ted's Excellent Adventure. Too bad both of you are wrong. The minor was not under arrest at the time of the questioning thus there was no requirement for a parent, guardian or lawyer to be present. The officer was attempting to obtain the facts related to a crime. If the officer felt he had enough information to make an arrest, the minor would have been transported to a juvenile facility and at that time, the there would be a requirement for a parent or guardian to be notified. I clarified this information through my cousin's sister in law (she is currently the Attorney General for the state of Washington) after my step daughter got herself in trouble and my wife and I were not notified till 3 hours after her arrest.

Well, hell, Racer72 you're right and I'm wrong. I'm just an unfrozen caveman lawyer and the world of criminal justice both frightens and confuses me. See when the "detective told my son that people in town mentioned his (my son) name, wanted to know where he was on such and such a night ," that smacked of interrogation as a suspect. Witnesses are not asked to account for their whereabouts. They either saw something or they didn't but they are not asked where they were that they weren't somewhere to witness a crime. Then when that request for alibi was followed by "if he knew anything about the crime and if he did not tell the truth, he would be cuffed faster than he (my son) could tell a lie" that really smacked of suspect to this unfrozen caveman lawyer because I find it frightening and confusing that a detective would ever threaten to cuff a witness.

The courts have held that a suspect does not have to be in actual custody in a police station to be in custody. If the suspect feels that he is not free to get up and leave, it is custodial and asking the child to account for his whereabout is interrogation. This was custodial interrogation and this unfrozen caveman lawyer is absolutely confident that a Judge would agree. But hell, what do I know I'm just an unfrozen caveman lawyer. I bow to the knowledge of racer72.

[stephenk]

Cmon, did your son have any information on the crime?

boxcarbill-please go to a minors rights and look at my question. all i have gotton is replies from idiots.

[racer72]

JosephandApril, it is real easy to find folks to call idiots when the law disagrees with your feelings. That is why I usually suggest folks go talk to a local lawyer to have their question answered. And please print out the thread from this forum and show the lawyer too. I would be willing to bet money the lawyer agrees with the answers you received. A famous athlete once told someone to put their money where there mouth is, here is your chance to prove us all wrong. Print out this thread and yours and to pay a lawyer to read them and give you his legal opinion. It's time to put up or shut up.

thank you, pretend racer, we will now let you get back to your obvious job of helping no one. hail to grandpa

FYI racer, no one was calling you an idiot, too bad your feathers get ruffled so easily. I guess that comes with not being fully informed. print this page and take it to your fridge to remind you that the sun doesn't rise and set in your ass. nor is everyone talking about you. i would get that paranoya in check.