Legal Question in Criminal Law in California

Re: Laws on questioning a minor

Good Afternoon,

In general, peace officers can speak with whomever they desire. Their ability to speak and question people only changes depending on the nature of the encounter.

If the encounter can be described as custodial interrogation, the officer must first read the individual his or her Fifth Amendment rights. In other words, an officer must first read an individual his or her "Miranda" rights if two conditions are met: (1) The individual is "in custody" (ie: not free to leave) and (2) the officers are "interrogating" the individual.

On the other hand, unless the individual is under court order (ie: subpoena) every citizen has a unique right to remain silent. In other words, an officer can question you, but you don't have to answer the questions.

Obviously these are just some basic principles and I hope the information helps. If you have more specific questions or need further elaboration, feel free to contact my office.

Best,

Solomon Chang