Can cops question a minor
If the police arrest a minor or take her into custody and do advise her of her miranda rights, the minor cannot be required or forced to answer any questions.Police can question a child without a parent present and are not required to obtain permission from a parent before questioning the child.According to the fifth amendment to the u.s.If you are under 14, a parent or guardian should be present for police questioning.But minors are still protected by laws that can require that police get parental consent depending on the circumstances.
But the police can question anyone briefly — including a minor — without giving a mirandaThe new law, senate bill 203 (bradford), bans police custodial interrogation of any youth under age 18 until the young person has consulted with an attorney about their rights.The same is true of the police questioning of minors, but with additional precautions and requirements for the miranda warnings.Even though police officers can question minors, there are strict rules in place to ensure that their rights are protected.The fifth and sixth amendments
(not the police) could question the child without the parents present.However, if a parent is present when the police approach the child or police ask permission in advance, a parent can refuse to allow the child to be interviewed.If any action was taken against the student, you would be wise.Juvenile justice varies from state to state, but most jurisdictions require parents be notified any time police take a child into custody, and many others will ask for parental consent before questioning a minor, even though doing so is not constitutionally required.A judge would likely find that it was legal for the officer to question the minor about the whereabouts of the gun, but not about other aspects of the crime.
Here, the possibility of a loaded gun on or near school grounds poses a risk to public safety.Can police ever question a juvenile without reading a miranda warning?