Legal Question in Civil Rights Law in Kansas

age 16 handcuffed taken to station; detained or arrested?

We live in the country & officers from a different county and town came to our home. Said they were there to pick up my 16 yr old stepson. I stepped back from the door and said he was in bed. They came in, went to his bedroom and brought him to the door. They told me to be quiet; we would talk after he was out of the room. He was handcuffed and taken to the county sheriff. They told me he was a suspect in a rape case and they would call me when they were done. They harassed and cursed at him & video taped the conversation. They wouldn't let my husband in to see him and they told him that his son was not under arrest, but being detained. Since he never confessed they let him leave after about 3 hours. Anything we can do? They have been to our home at least 3 times this week to talk to him and we tell them no.


Asked on 8/17/03, 3:55 am

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: age 16 handcuffed taken to station; detained or arrested?

Why haven't you retained a lawyer? Certainly, that is your first step. He doesn't have to do anything until the police come out again, but he can at least make inquiries and find out what's going on.

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Answered on 8/17/03, 11:05 am
Michael Shultz Law Firm of Michael M. Shultz, P.A.

Re: age 16 handcuffed taken to station; detained or arrested?

Any person who is the focus of a criminal investigation should be consulting an attorney. However, there also are issues relating to the legality of a search and an arrest. Normally, one who is taken in handcuffs for questioning would be considered arrested and not merely detained. Similarly, police/sheriff might need a search warrant to come into someone's home to make an arrest--for which, normally, there would also be an arrest warrant. Special circumstances can excuse not having a warrant. Then, a person should also be informed of his rights when arrested if he is a suspect. Slightly different rules can come into play when dealing with a minor as opposed to an adult. If the police/sheriff has acted illegally, your remedy is most likely a lawsuit under federal-- known as a Section 1983 action. This statute allows for the recovery of damages for violations of federal rights. This discussion is for educational purposes only and is not intended to form an attorney client relationship. If you have an actual legal issue, you should consult a competent attorney.

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Answered on 8/17/03, 4:46 pm


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