Legal Question in Criminal Law in Texas

Can Police question a Minor without reading the Miranda warning or notifing pare

Can the police take into cusidy (not arrest)and question a 14 year old minor without reading them the Miranda warning or notifing the minor parents on a crime (shoplifting) that they are being charged with, and how long is a resonable time before they are allowed to call a parent? (In this cased, they was booked and questioned for 4 hours by police and probation officers before parents was finally called and informed of the charges against the minor.)


Asked on 12/02/00, 7:51 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Can Police question a Minor without reading the Miranda warning or notifing

Miranda warnings are required when suspicion is focused on a particular suspect and s/he is not free to leave police custody. In most states the questioning of a minor outside the presence of a parent, guardian or attorney renders the information obtained inadmissible or suppressable.

The circumstances you describe do not fit those definitions and would seem to be unreasonable. Use of the information obtained should be excludable from further legal proceedings, but anything goes in TX.

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Answered on 12/05/00, 8:43 am


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