Local PD & school rights

[Diver.Down]

What is the name of your state (only U.S. law)? In Middlesex County, NJ, My son (12 yrs) was with several other youths when a snowball fight broke out. At the time it seemed to my son to be a "friendly" snowball fight, if there is such a thing. One of the other youths in this group damaged (dented?)a nearby garage door belonging to a neighbor (of one of the other youths) with a snowball that may or may not have contained a rock (my son is not certain about this detail). The neighbor recognized their young neighbor and sent the police to his house where he gave up the names of all that were present during the incident. My son has learned that the local police intend to call all who were named to a "meeting" at their middle school in Middlesex County, NJ, on Monday, 3/8/10. I want to know if the police can legally question any of these minors without a parent and/or legal council present. I also wish to learn if there is any law that prohibits the school from becoming involved since this event did not take place while the children were walking to or from school, during school hours, or on school property. Is there a law that entitles the school to even become involved (can they furnish personal information to police such as phone numbers, etc.), much less take disciplinary action towards these kids?

 

[racer72]

I want to know if the police can legally question any of these minors without a parent and/or legal council present.

Yes.

I also wish to learn if there is any law that prohibits the school from becoming involved

No.

Is there a law that entitles the school to even become involved (can they furnish personal information to police such as phone numbers, etc.), much less take disciplinary action towards these kids?

Again no and the school will not take disciplinary action over an off campus event.

 

[CdwJava]

The parents do not have to produce their children for this meeting if no court has ordered them to do so. However, this may very well be a way of getting out of any criminal aspect by sitting down and meeting with the police and the property owner with damage. Chances are this is a civil matter and the police are trying to facilitate a resolution rather than have it become a criminal one. But, you do not have to produce your child if you do not want to. But, the police can always come back with an arrest warrant. If you are concerned, attend the meeting with your child or have an attorney do so.

As for the school, if the snowball fight occurred on the way to or from school, the school might have jurisdiction for discipline. In many states, the school has some limited jurisdiction when children are on their way to or from school, whether yours holds to that standard I do not know. If they do, and if the kids were on their way to or from school, then the school could take appropriate measures as outlined under state law and school/district rules.

Ultimately, I suspect that the homeowner wants his garage door fixed. I doubt the police care to toss a bunch of 12-year-olds in the clink, so I strongly suspect they just want to see this settled as a civil matter.