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Police questioning juveniles?

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Flyfish50

Junior Member
What is the name of your state? Minnesota
My friends 12 yr old son and another boy were arrested at school for allegedly making "terroristic threats". They were questioned at school by the administration and police and he was further questioned at the police station. The police got him to sign a waiver of his rights without parental consent or having a lawyer present. He didn't confess on any occasion and has plead not guilty a the initial hearing. Is it lawful for the police to get kids to waive their constitutional rights without a parent involved?
 


The Occultist

Senior Member
Any chance you have at getting such a waiver dismissed would absolutely require the aid of an attorney with your son in the courtroom. My advice: try to find an attorney willing to do that.
 

CdwJava

Senior Member
Unless MN law prohibits the police from speaking to these children or Mirandizing them without a parent present (and I see no indication that it has any such provision), then the police are free to obtain such a waiver. However, it is still incumbent upon the police to show that the waivers for knowing and voluntary.

You need to hire an attorney for him ASAP.

- Carl
 

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