Can an officer interigate a 13 year old without parents consent?

Question

my brother was questioned regarding grafitti drawings in the bathroom of a park and they went to question him at his school in the report they said they tried to get ahold of my parents but no one would answer so they continued to question him. can they do that i didnt think so

Answer 1

This question goes deeper than what is immediately present. Now, I am from Florida, so this is true for Florida law, but every state is different. In Florida, when a minor is questioned at school, an administrator from the school must be present, and they act as the parent (In Loco Parentis). It is the duty of the administrator to make an active attempt to contact the parents, but at any time, the minor may request an attorney and the interview must stop until counsel is present. If the parents (or administrator becaue they are acting as parents) request an attorney, the interview must be stopped. If the parents say that the interview must be stopped, it does not need to stop, the key words are "we need an attorney" (or some altered phrase stating that). But what occured in your situation seems to be completely legal.

Answer 2

Yes,

never talk to the cops without a lawyer present.

Answer 3

Yes they can. They fulfilled their responsibility when they attempted to contact his parents to notify them that he was in custody.

Answer 4

No, but there's also a big difference between interrogation and questioning

Answer 5

They are meant to have 'a responsible adult' present when questioning children. Really though, the police in this country just do what they want, when they want, including ignoring crime on a regular basis and 'solving' crimes such as possession of cannabis and vandalism when they need to improve the crime stats.

Answer 6

If hes not a suspect but they think he has information about who  did it they can talk to him with out a parent.

If he is a suspect they can not talk to him without a parent.

Answer 7

No, they can't do that.

Answer 8

Legally, no.  The police have to notify the parent and the child has a Right to an attorney during an interrogation.  However, just asking the child, did you do that, is a far cry from an interrogation.

Answer 9

A "custodial interrogation" requires invoking ones right to remain silent and legal representation.

In cases of juveniles, the only difference of the consitutional right is the presence of a parent or legal guardian.

As one respondant already mentioned, there is a HUGE difference between a "custodial interrogation" and mere questioning of ones knowledge of an offense.

And...NO...the police don't "just do what they want to anyway!" Not in my jurisdiction anyway!