Legal Question in Criminal Law in Maryland

Re: Questioning of Minors

Although a minor can be questioned without consent of the parent and can even be questioned without notice to the parents, where the police did not

provide notice an issue of abusive inquiry may lie. It is a better practice to obtain consent or, at a minimum, to provide parental notice. Where the

purpose of the police inquiry is to investigate a crime where the minor is suspected then Constitutional criminal procedural rights attach. These are akin to Miranda warnings, right to an attorney when questioned, etc.

Whether Constitutional rights have been violated is measured differently where a minor is concerned than where an adult is concerned. Where the minor consents to being questioned, the police have a higher burden to show that

the answers (i.e., self incriminating responses) where provided in the absense of counsel and of a free and voluntary act. Measures also need to be taken to preserve the identity of the minor.

Re: Questioning of Minors

The police may question a minor without the consent, or even notifying, their parents.