Juvenile Rightss

[Alleybear]

What is the name of your state? California
My son was called from class and two detectives were waiting to talk to him. He was asked he he knew why they were there and he replied, "No sir, I don't" The detective then told him that they would like to ask him some questions about a fight he was involved with. They then asked him again if he knew why they were there, my son answered that he thought he did, but that he didn't feel comfortable talking with them without his parents being present. They ignored his statement and ask him about the fight. My son replied, I'm sorry sir, I don't feel comfortable talking to you without my parents present. The detecive became angry and told my son that they didn't feel it was neccessary for his parents to be there. My son again said he would like his parents to be there, at that time he was handcuffed and sat down in a chair. They called for a paddy wagon to take my son to the station. He was told all he had to do was answer questions and not make trouble and since he caused trouble he was now going to the station.

My question is, when he asked for his parents were his rights denied? He asked for them 3 times and again when the placed him in the van. What were his rights?

 

[racer72]

This question has been thoroughly hashed over the past few weeks in this forum. The officers did nothing wrong. Minors can be questioned if there is probable cause without the permission of a parent or guardian. There are those that disagree but no laws that everyone likes.

https://forum.freeadvice.com/showthread.php?threadid=140673

https://forum.freeadvice.com/showthread.php?threadid=141670

 

[Boxcarbill]

This question has been thoroughly hashed over the past few weeks in this forum. The officers did nothing wrong. Minors can be questioned if there is probable cause without the permission of a parent or guardian. There are those that disagree but no laws that everyone likes.

https://forum.freeadvice.com/showthread.php?threadid=140673

https://forum.freeadvice.com/showthread.php?threadid=141670

"This question" has been thoroughly hashed over! What "question" would that be? The issue in the first URL link is whether the police may conduct a warrantless search of a house for a juvenile after an emergency call concerning a possible suicide at the home. This question regarding warrantless searches arises under the fourth amendment.

Or is the question which has been thoroughly hashed over, the issue of custodial interrogation. And if there is a custodial interrogation, does a juvenile have the right to have a parent, guardian or attorney present during custodial interrogation by a police officer? The question of custodial interrogation and the right to remain silent arises under the 5th amendment.

So which question and which of these two constitutional amendments has been thoroughly hashed over?

 

[hmmbrdzz]

I'm just gonna sneak in here with a comment and then ask a question. Your son certainly did the smart thing by not talking and requesting again and again to have his parents present during any questioning. There does come a point that the parent must be informed that their juvenile is in custody and a point where the child has the right to a parent or attorney during interrogation. What happened after they cuffed him? Did he remain silent, and did the police finally contact the parent from the station?



hmmbrdzz

 

[Alleybear]

My son was taken down to the station. The officer left him in the room under the pretense that he was calling me. Came back in and read him his rights. (I don't think I mentioned that my son is a special education student, he has trouble comprehending things, he can understand what you are saying, but he won't neccessarily understand what it means without it being explained a few times and in detail) My son thought because the officer came back in to talk to him that he had called me and I said it was ok for him to talk. He thought that the officer wasn't allowed back in the room unless he had gotten permission. So, he gave his side of the story, and when he was finished the officer told him he was going to juvenile hall. He never told him he was under arrest and he never told him what he was being charged with.

 

[hmmbrdzz]

Well -- your son had already requested his parents be present 3 or 4 times, and after he was read his rights -- it's "interrogation" time (in my eyes), and I think your son's rights were clearly violated during questioning. What do you mean by "juvenile hall". WHere is he now?

hmmbrdzz