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Questioning a minor

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CalDad117

Junior Member
What is the name of your state? CA
My son was questioned by two police detectives at High School during class time regarding vandalism at a private residence. My son has no knowlege of the act and indicated same to the officers. The line of questioning according to my son was as follows: "We have video and physical evidence but while we are waiting for the lab results why don't you confess". Is it a violation of my son's civil rights (he is a minor) to be questioned at school during class time regarding an incedent unrelated to school without informing him of his rights or contacting his parents?
 


CdwJava

Senior Member
CalDad117 said:
Is it a violation of my son's civil rights (he is a minor) to be questioned at school during class time regarding an incedent unrelated to school without informing him of his rights or contacting his parents?
No. It is perfectly lawful. If he were under arrest or were detained with force equivalent to that of a custodial arrest, Miranda might be required. But, if he made no statements that could be used against him, then no Miranda relief (a suppressed statement) would be forthcoming.

CA still has no parental notification law, though one has been circling around the state Assembly and Senate for some time. The school may have a policy to notify parents, but the police have no such legal obligation.

- Carl
 
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