Shoplifting Detention - Notifying Parent

[kismet]

State - California

My question is, if a minor child is detained for suspicion of shoplifting, does the law state the detaining party must notify the parent during detention? Or is there any time frame within which the parent must be notified? Can the child be questioned without Miranda Rights being read? Thank you.

Kismet

[CdwJava]

Originally Posted by kismet

My question is, if a minor child is detained for suspicion of shoplifting, does the law state the detaining party must notify the parent during detention?

No.

They generally do make the contact, however, as they could find themselves in hot water if the detention is longer than reasonable. What most stores do is try to contact the parent. If no parent can be reached, or they think the kid should be arrested rather than warned off to parents with a trespass notice and a threat of a civil assessment, they will call the police.

Or is there any time frame within which the parent must be notified? Can the child be questioned without Miranda Rights being read? Thank you.

There is no specific time frame in the law. And they can be interviewed by the store staff without Miranda. When the police arrive, and the suspect is in custody, he or she should be Mirandized prior to being interviewed. In virtually all cases like this the officer SHOULD Mirandize the child before asking any questions whether or not the child is "in custody" since the "force" used int he detention (being held ina back office and not free to go) is likely to be seen as the equivalent of a custodial arrest.

But, the final determination would be by a judge and would be very fact-specific. I Mirandize on these and so do my officers. That does not mean that every does or that they have to in all such situations.

- Carl

[kismet]

Originally Posted by CdwJava

No.

They generally do make the contact, however, as they could find themselves in hot water if the detention is longer than reasonable. What most stores do is try to contact the parent. If no parent can be reached, or they think the kid should be arrested rather than warned off to parents with a trespass notice and a threat of a civil assessment, they will call the police.



There is no specific time frame in the law. And they can be interviewed by the store staff without Miranda. When the police arrive, and the suspect is in custody, he or she should be Mirandized prior to being interviewed. In virtually all cases like this the officer SHOULD Mirandize the child before asking any questions whether or not the child is "in custody" since the "force" used int he detention (being held ina back office and not free to go) is likely to be seen as the equivalent of a custodial arrest.

But, the final determination would be by a judge and would be very fact-specific. I Mirandize on these and so do my officers. That does not mean that every does or that they have to in all such situations.

- Carl

Thank you Carl. I'm still a little at a loss here (and a bit upset) as this happened with my 14 year old daughter yesterday... I only found out today from her telling me. The store did call an officer (police) to come in, who did question her and her friend (no miranda) prior to the friend's parent arriving. They released the kids to friend's parent, who called me today and told me about this incident and that I would be notified by mail of what action (if any?) will be taken. No attempt was made by the store personnel or officer to call me, even though daughter gave them our phone number. I really feel a call should have been made to me.

[CdwJava]

Originally Posted by kismet

Thank you Carl. I'm still a little at a loss here (and a bit upset) as this happened with my 14 year old daughter yesterday... I only found out today from her telling me. The store did call an officer (police) to come in, who did question her and her friend (no miranda) prior to the friend's parent arriving. They released the kids to friend's parent, who called me today and told me about this incident and that I would be notified by mail of what action (if any?) will be taken. No attempt was made by the store personnel or officer to call me, even though daughter gave them our phone number. I really feel a call should have been made to me.

Apparently there were no charges pressed. Had they been taken in to custody an attempt to notify you should be the standard procedure. If they were cited and released, then you may not have been immediately notified either.

You can always call the law enforcement agency and find out what happened. But, they are under no legal obligation to notify you if they are being released at the scene. It is a good idea, but not necessarily required.

Be thankful if there are no criminal charges pressed. Chances are that your daughter and her friend either got a stern warning or face a civil assessment penalty - which you might get in the form of a letter in the next few weeks for a couple hundred dollars or more. Unless the length of the detention was entirely unreasonable, there is nothing apparently done wrong here. It would not be uncommon for a detention of this nature to take an hour to an hour and a half.

You can call and ask questions of both the store and the police department. Maybe a policy was not adhered to. But, there would appear to be no law broken from what you wrote.

- Carl

[kismet]

Thanks again Carl. That pretty much answers my question. I suppose since they spoke with the other parent, they may have felt that was all that was needed to do. I just would have preferred to get the information first hand rather than second hand. So now I'll just wait and see what notification I am sent. The other parent said something about us having to go to court. This is a first offense, she's never been in trouble with the law before. I don't have the store name (it was actually a kiosk in a mall), nor do I know which police department handled it. I could call other parent and ask, but as it seems all was handled as it should have been (no law/policy broken) then the best thing for me now is to focus on discussion with daughter to make sure she understands how unacceptable this was and how she will have to pay the consequences of her action. Thankfully she acknowledges she did something wrong. Glad she see's that! Thanks again.