Legal Question in Criminal Law in California

Re: ''Questioning of Minors by Police''

Call it a hunch, but my guess is that the correct answer was "yes." I'll go even further out on a limb and guess that this is what she said.

The police have the right to question witnesses to crimes or to events which appear to be crimes. If the witness is a minor then the witness is a minor. The police are allowed to question minors as witnesses without their parents present. When the parents are the ones being investigated it hardly makes sense to make the police wait so the parent can show up and intimidate the witness.

The fact that no charges had been filed is irrelevant. Would you prefer it if the D.A. had charged you and *then* the police began interviewing witnesses? Interviews like this are the way police and prosecutors decide whom to charge. If charges had to be filed first, a lot of people would end up being charged for no good reason.

Can you sue the police? Sure. Can you win? No. They were doing their job and are immune from suit for anything necessary to the performance of their duties. If they had abused or harassed your daughter the answer would be different, but you haven't suggested that anything like that took place.

Can you win a lawsuit against the school? Of course not. What do you think the school should have done? Should the principal have told the police "I don't care if she is a witness to a violent crime, you can't talk to her"? Should the police have been forced to wait until the end of the day so they could try to pick your daughter out of the crowd of students headed out the doors? Aside from making it harder for the police to do their jobsand easier for criminals to avoid punishment, what would such a requirement accomplish?

And even if you could successfully sue the police or the school, remember that one of the things you would have to prove is that someone was harmed by this event. I doubt that your daughter is complaining she missed a few minutes of school. And if you think the fact that police got more evidence to use against you (or your spouse) is going to win the sympathy of the court you are quite mistaken.

Re: ''Questioning of Minors by Police''

No, there is no basis for suit shown in your letter. However, if you or your wife are arrested, or are contacted for 'questioning' by the police, then contact me to discuss defense of the criminal charges. Don't talk to the police without counsel. 95% of people convict themselves by talking to the police because they want to appear 'cooperative'.