Legal Question in Constitutional Law in Texas
abuse of authority ?
daughter age 13 was taken in principles office w/deputy sheriff and was acused of theft by another and was questioned w/out parent or legal representation.legal or not ???
1 Answer from Attorneys
Re: abuse of authority ?
This was probably a custodial interrogation and needs to be addressed. Contact local counsel.
According to quick research, the courts look at a variety of factors in deciding whether on-campus interrogation is appropriate without any notification to parents. I found nothing that suggested that YOUNG children can be interrogated, but there seems to be a cutoff around 16 years old where it's touch and go.
The problem is that there's no way of knowing when a child is being abused at home, and may need to talk about that.
In the interests of protecting kids, most states don't have a hard and fast rule requiring that parents be present in on-campus interrogations. It's a different story if the child is either arrested or the interrogation is outside of the school context.
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