Legal Question in Criminal Law in California

is it ok for officer to question a minor at school without a parent present that has nothing to do with school.It has to do with stolen i pod at gym.?


Asked on 2/03/11, 3:56 pm

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Yes, the officer can question a minor without a parent present.

In some situations, the District Attorney might not be allowed to use the minor's statements in court, but that issue is far too complicated to cover in this short answer form.

Parents should always tell their children to respectfully tell police officers they will not answer questions without a lawyer. For other tips on educating your kids about the law, check out "Kids & the Law: An A to Z Guide for Parents" published by the California State Bar.

http://www.calbar.ca.gov/Public/Pamphlets/KidstheLaw.aspx

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Answered on 2/08/11, 4:28 pm
Terry A. Nelson Nelson & Lawless

Yes, and he could be arrested if justified by the facts or admissions. The only advice you should expect to get from here or elsewhere is to exercise your 5th Amendment rights to SHUT UP, and ask to speak to an attorney, when questioned by law enforcement. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'.

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Answered on 2/08/11, 5:38 pm
Anthony Roach Law Office of Anthony A. Roach

The police can question your children on school grounds, without parental consent, if it is a public school. If it is a private school, different rules apply.

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Answered on 2/09/11, 7:15 am


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