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Have my 12 yr.olds rights been violated?

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Linnette

Junior Member
My 12 yr. old was at a classmates house which is across the street from a home that that was apparently burglarized and an X box 360 was stolen. For the last week one of the three full time officers from the small village where this occurred has put our family through hell. My son had no part in this apparent burglary but because he was with a friend who has had dealings with this officer and the juvenile Justice system (I found out he was recently arrested for assault by this officer when he was involved in a fight with a another child). my son appears to be guilty by association.

This officer questioned my son last Monday at the station, my husband and I were present. During the interrogation he had us all believing that they would both be going to the DH that evening if my son didn't tell him what had happened. Not having any knowledge of a burglary until we arrived at the police station, my son wasn't giving the officer the info he wanted. He made it clear that if my son would give a statement that his buddy did it we could leave and no charges against him would be filed. My son couldn't do this because he kept telling the officer he never saw his friend go into the house across the street, nor was there a period of time that evening that could not account for where his friend was. Finally the officer wrote several names down on a piece of paper, all of kids that were either with them or in the area that evening. He asked my son just to circle the name of one who would have been most likely to commit the crime. He circled his buddies name and we were sent on our way believing it was over. We arrived home and my son vomited.
The next day the school called because my son had thrown up 3 times during 1st period. Later the vice principal of the school called; unaware my son had been sent home from school. The officer was there and wanted to question my son. I told the vp to tell the officer I was contacting my attorney, and that I wasn't home, but if he needed to speak with my son my husband was at home with him. He went directly to our house and told my son and my husband not to worry about anything, that he was out of the situation now. I don't believe this was his intention when he showed up at the school.

Two days later he is back at our house, I am not home but my son and husband are. He tells them they need to come to the station immediately,my son is being charged and will be going to the detention home from there; all the officer has to do is finish the paperwork. I receive a call from my husband letting me know what is happening and some how I make it to the police station without getting into an accident; I was on my way inside when my phone rang. It was my husband, my son wasn't going to the DH now, but he may have to take a polygraph test next week. He told my son he has written statements from kids at school that say he has been telling people it was he who broke into the house. I don't believe this is true because he first said he had two and by the end of the conversation it had changed to four. I arrive home and vomit.

None of us know what to expect form this officer next. I know my son is innocent and I don't believe his friend had a thing to do with it either. We were told that the entire family of the home had left for the weekend around 6:30 pm. and a door was left unlocked, which is how whoever did this this got inside. We later found out that the parents may have left at 6:30 but the teenage boys were home and in and out all evening. There were other kids in the area that night also, not just my son and his buddy. My son doesn't like being home alone during the day, let alone walking into a house he is not familiar and at night!

It is a very small town with 3 full time officers (this includes the chief). I'm not sure what this very young police officer is doing or why, and I am not even sure if the chief of police is aware of any of this. I will not address this with him however, right now I can not trust any officer employed by the village.

I know that there is nothing we can do about the above tactics of the officer, or the stress he has caused for our family. I am just hoping he will eventually back down , as I want to believe that our counties prosecutor will not allow this to go any further, with lack of evidence as well as my son not having any kind of record.

The real question is about slander. The other night I was at the local service station when the same officer pulled in behind my car; I went inside and he continued on his way. When I left, he went into the station and told the clerk he had just busted my son for robbery!!!! I am so angry I don't even n ow what tom do right now!! I know juvenile records are to be sealed but can he do this??? My son hasn't even been charged with anything. Can he lie to a person who has no involvement in the investigation and tell them that he has busted a juvenile for robbery. Also, is there a reason he has used the word robbery with this clerk? All along we have been told if charged it is a burglary charge!]
I promised the clerk I wouldn't say anything to the police officer or the chief about what was said. He is afraid they will start hassling him, i.e. pulling him over for no good reason etc.. He does know however that if things continue I will be sharing this latest info or with my attorney, which he ifs fine with, if it goes any further.
Any advice would be appreciated, is it time to contact an attorney???
 
Last edited:


xylene

Senior Member
Just so you know: Stess vomiting means nothing to the legal system

My son had no part in this apparent burglary but because he was with a friend who has had dealings with this officer and the juvenile Justice system (I found out he was recently arrested for assault by this officer when he was involved in a fight with a another child). my son appears to be guilty by association.
How do you know your son was not involved?

Because he told you so or he has alibi you can confirm personally or at least from another adult (and ideally not the suspects parent)

This officer questioned my son last Monday at the station, my husband and I were present.
Questioning in voluntary. You should NOT have allowed this.

During the interrogation he had us all believing that they would both be going to the DH that evening if my son didn't tell him what had happened.
Police are allowed to lie. If sonny boy had confessed or incriminated himself he would have been arrested and gone to jail; whatever the cop said. If policeman had probable cause he could have arrested him no matter what.

Not having any knowledge of a burglary until we arrived at the police station, my son wasn't giving the officer the info he wanted.
Did your son have info on the burglary or not?

He made it clear that if my son would give a statement that his buddy did it we could leave and no charges against him would be filed.

Again - cop promises are cop lies. They are interogatting your son.

My son couldn't do this because he kept telling the officer he never saw his friend go into the house across the street, nor was there a period of time that evening that could not account for where his friend was. Finally the officer wrote several names down on a piece of paper, all of kids that were either with them or in the area that evening. He asked my son just to circle the name of one who would have been most likely to commit the crime. He circled his buddies name and we were sent on our way believing it was over.
Nothing your son did exonerates him. Giving the police a statement never does. You should not have allowed this interrogation

We arrived home and my son vomited.
This is not relevant.

The next day the school called because my son had thrown up 3 times during 1st period. Later the vice principal of the school called; unaware my son had been sent home from school. The officer was there and wanted to question my son. I told the vp to tell the officer I was contacting my attorney, and that I wasn't home, but if he needed to speak with my son my husband was at home with him. He went directly to our house and told my son and my husband not to worry about anything, that he was out of the situation now. I don't believe this was his intention when he showed up at the school.
His intent is irrelevant.

Two days later he is back at our house, I am not home but my son and husband are. He tells them they need to come to the station immediately,my son is being charged and will be going to the detention home from there; all the officer has to do is finish the paperwork.
Need? either son is under arrest or not. Otherwise it is voluntary. If you are confused ask the offficer. "Is my son under arrest?" If not go nowhere and answer no questions. If so is arrested, tell him to go and be cooperative but answer no questions.

Son has an absolute right to remain silent.

I receive a call from my husband letting me know what is happening and some how I make it to the police station without getting into an accident; I was on my way inside when my phone rang. It was my husband, my son wasn't going to the DH now, but he may have to take a polygraph test next week. He told my son he has written statements from kids at school that say he has been telling people it was he who broke into the house. I don't believe this is true because he first said he had two and by the end of the conversation it had changed to four.
It is illegal to compel anyone to take a polygraph in the US criminal justice system. NEVER allow your son to take a polygraph.

I arrive home and vomit.
Stress vomitting is not normal. Be careful.

None of us know what to expect form this officer next. I know my son is innocent and I don't believe his friend had a thing to do with it either. We were told that the entire family of the home had left for the weekend around 6:30 pm. and a door was left unlocked, which is how whoever did this this got inside. We later found out that the parents may have left at 6:30 but the teenage boys were home and in and out all evening. There were other kids in the area that night also, not just my son and his buddy. My son doesn't like being home alone during the day, let alone walking into a house he is not familiar and at night!
No of which is proof. The bottom line is your son is a suspect in a serious criminal offense, and you need to act that way. STOP believing the police.

It is a very small town with 3 full time officers (this includes the chief). I'm not sure what this very young police officer is doing or why, and I am not even sure if the chief of police is aware of any of this. I will not address this with him however, right now I can not trust any officer employed by the village.
The police are DOING THEIR JOBS. Your son is not a special person to them. This is why you need to adress the police in an adversarial manner. DO NOT ALLOW THEM ACCESS TO YOUR SON.

I know that there is nothing we can do about the above tactics of the officer, or the stress he has caused for our family. I am just hoping he will eventually back down , as I want to believe that our counties prosecutor will not allow this to go any further, with lack of evidence as well as my son not having any kind of record.
That is specious thinking.

The real question is about slander. The other night I was at the local service station when the same officer pulled in behind my car; I went inside and he continued on his way. When I left, he went into the station and told the clerk he had just busted my son for robbery!!!! I am so angry I don't even n ow what tom do right now!! I know juvenile records are to be sealed but can he do this??? My son hasn't even been charged with anything. Can he lie to a person who has no involvement in the investigation and tell them that he has busted a juvenile for robbery. Also, is there a reason he has used the word robbery with this clerk? All along we have been told if charged it is a burglary charge!]
I promised the clerk I wouldn't say anything to the police officer or the chief about what was said. He is afraid they will start hassling him, i.e. pulling him over for no good reason etc.. He does know however that if things continue I will be sharing this latest info or with my attorney, which he ifs fine with, if it goes any further.
Any advice would be appreciated, is it time to contact an attorney???
It was time to do so when son was questioned by the police.
 

Mikef6301

Junior Member
Agree with a lot of whats been said so if some if it is repeated then I apologize.

You should have called an attorney the first time the police wanted to talk to your son. I can't say if his rights have been violated because so far he has not chosen to exercise them. Police are allowed to lie by law, while they are not allowed to lie under oath they do that as well. Just ask Mark Furhman. It's a burglary, any questioning can wait until you consult with an attorney even if your son has an idea who did it. I can't think of an instance where a person who is being questioned by the police is better off speaking to them then invoking their right to remain silent. If you son is formally charged what was said between the officer and your son is now whatever the officer says was said. By immediately and firmly refusing to answer any questions you eliminate the risk of having your words changed by the police officer. You and your son simply tell the officer he is invoking his right to remain silent and you would appreciate no further questioning or attempt at questioning unless an attorney is present. To me pulling a child out of a classroom over a stolen xbox is absurd, the police can attempt to interview children after school. They are public servants, pulling children out of school for anything other than an emergency does not serve the public!

I would recommend notifying the school in writing that they are to call you if the police attempt to pull your son from class or question him at school and that you have instructed your son not to speak to them without representation. They may have no legal obligation to do this however you placing this in writing could make them worry about civil liability. I would even type something up for your son to hand to the police officer if he is attempted to be questioned again that states very clearly he is asserting his rights and not answering any questions until his attorney is present and that he wishes his parents to be called. I would tell your son to hand it to the officer and not say anything, no matter what he is asked, no chatting about the weather and no responding if the officer threatens to take him to a detention center. I would also contact an attorney who will likely notify them that your son now has representation and is not to be questioned without them present. Do not agree to any polygraph. The polygraph examiners who are regularly employed by the police - which will be one that is used - knows who signs his/her paycheck and it's not you and it's not your son. Don't think that if the police officer tells him/her, “he's our guy” that it won't influence their results. A polygraph examiner that works for the police who's findings are inconsistent with what the police want will find themselves out of work.

As for the officer telling people around town that your son is a burglar I don't know what recourse you would have. Anyone can file a civil suit for slander but it would not be worth your time or money. An officer in a small town that is flippant about making accusations like that I would like to think that it will eventually catch up to him. Your son may very well be charged, especially if the police are doing a lot of he said she said with the other children. I would tell your son not to speak about it with any of the other children either. Also, you should check your house for any xboxes that don't belong, even if he didn't take it make sure he is not holding on to it for a friend, etc. At 12 he may not realize the ramifications of borrowing stolen goods. I know first hand the stress can be unbearable. Plus you now have a 12 year old who realizes that what they have been told their whole life about the police officer being their friend isn't really true. It's traumatic and I truly believe the officer could get better results using a more professional approach and soliciting cooperative help from the parents of the children rather than being dishonest and showing his need for power. Finally given that everything you have said about his officer is accurate, has he ever been alone with your son? Did he walk your son from his classroom alone to the office? You should be asking your son if the officer patted him down or was inappropriate in any way. While the police don't care if he vomits, they would just say it's an indication of guilt, I would be very concerned. And finally get a notebook and sit down with your son and document everything with date/times/what was said, who was where. Memories fade, you want something for you and your son to refer to.
 

cyjeff

Senior Member
Zudnic, I have tried to be nice but you don't seem to hear that.

We don't need kids with their own views about how the laws SHOULD work to come on here and pretend to know anything of what they speak.

Your "advice" is biased, inflammatory and consistently and completely wrong in content, viewpoint and, usually, grammar.

Just stop. You are embarrassing yourself. You should stop before someone takes your moronic advice and finds themselves in real trouble... and sues you for the chance.
 

Just Blue

Senior Member
Zudnic, I have tried to be nice but you don't seem to hear that.

We don't need kids with their own views about how the laws SHOULD work to come on here and pretend to know anything of what they speak.

Your "advice" is biased, inflammatory and consistently and completely wrong in content, viewpoint and, usually, grammar.

Just stop. You are embarrassing yourself. You should stop before someone takes your moronic advice and finds themselves in real trouble... and sues you for the chance.
Just report all wrong/misleading/idiotic postings...Mother M will take care of the rest!! :cool:
 

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