Legal Question in Criminal Law in Pennsylvania

My daughter pulled in front of a Hair Dresser supply store and locked her 7 and 3 yr old in the car with the windows slightly open. The engine was shut off and keys removed. The weather was sunny 60 degrees. The store had large windows and the vehicle was clearly visible from inside the store. She planned on going in and coming right back out with a product 2-3 minutes. When she went to pay, the clerk said that the product was buy one get one free. So, it took 5-10 minutes to pay and return to her car. A person in another vehicle parked in front of the store thought she shouldn't have left her kids in the car. This person took a photo of my daughter's license plate and left. And, my daughter also left. A short while later an officer arrives and finds both cars gone. He contacts the person who called earlier. This officer contacts our township police who in turn comes to my house to interrogate my daughter. My daughter not knowing why he was even there listen to the officer, gives her side of the story and says she wants to speak to her attorney. The township officer leaves. Maybe 10 minutes later the officer who went to the scene contacts my daughter. My daughter, now scared and worried that she might lose her kids, changes her story. The officer on the scene contacts the woman who called them and based on that woman's story cites my daughter for 2 counts of violating PA 3701.1 and 2 counts of false report. I feel strongly that she didn't violate 3701.1 but the statement she made to the second officer was done without her having an attorney after saying she wanted one to the first officer. I was on the phone with my daughter when she said she is going to speak with her attorney. Question is whether her statements to the second officer that she made without her attorney can be admitted into evidence if the case would go to trial.


Asked on 5/09/14, 7:05 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

She should have never said anything to the police. See the following you tube video. https://www.youtube.com/watch?v=6wXkI4t7nuc.

{John}

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Answered on 5/09/14, 7:44 pm


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