Legal Question in Criminal Law in California

Re: minor being questioned

I assume you are asking because it happened and you want to know what you can do about it now.

The issue that is raised when anyone is questioned is whether the statements were taken in violation of the person's 5th or 6th Amendment Rights against self-incrimination and right to counsel. Secondy, if there was a violation, what is the remedy.

When a minor is questioned by law enforcement (not store security) and the minor asks for their parents the courts have found that depending on the age of the minor, among other factors, that is the equivalent to asking to have a lawyer present.

If questioning is done in violation of the minor's 5th and 6th Amendment Rights the remedy for the minor is that the statements that were illegaly obtained cannot be used in a case against them.

So, the short answer is, it depends who asked and how they asked.