Legal Question in Constitutional Law in Texas

abuse of authority ?

daughter age 13 was taken in principles office w/deputy sheriff and was acused of theft by another and was questioned w/out parent or legal representation.legal or not ???


Asked on 5/24/07, 8:18 am

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: abuse of authority ?

This was probably a custodial interrogation and needs to be addressed. Contact local counsel.

According to quick research, the courts look at a variety of factors in deciding whether on-campus interrogation is appropriate without any notification to parents. I found nothing that suggested that YOUNG children can be interrogated, but there seems to be a cutoff around 16 years old where it's touch and go.

The problem is that there's no way of knowing when a child is being abused at home, and may need to talk about that.

In the interests of protecting kids, most states don't have a hard and fast rule requiring that parents be present in on-campus interrogations. It's a different story if the child is either arrested or the interrogation is outside of the school context.

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Answered on 5/24/07, 1:56 pm


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