Legal Question in Criminal Law in Iowa
"rights of minors/parents when juvenile is taken to police station"
M y 14 year old son was taken to the police station and questioned, and given a breathalyzer test following a drug raid at an apartment. He was kept there for at least an hour without my knowledge. Is any or all of this legal?
2 Answers from Attorneys
rights of minors/parents
Generally, for a statement made by a juvenile to the police to be used against the juvenile consent must have been freely given. This usually means that the parents must be in attendence and waive the minor's rights (to a limited degree). You should contact an attorney in your local area who is familiar with Juvenile Law. What if anything are they charging your son with? Does your state have a zero tolerance law in place for underage drinking?
State specific protection
Check state statutes for threshold levels of protection. In NC the age 14 isa watershed year; below that age parent MUST waivefor custodial interrogation; above it, juvenile can waiveand be questioned w/o parent presence.In any event, the remedy is exclusion of the evidenceobtained during the custodial interrogation.Cops can enter the alleged drug house and can take the occupants to stationstate juvenile codes will dictate whether the juveniles can then be arrested or whether they must be released to parent
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