If a minor requested their parent be present before being searched do the police in California have to wait? ?

Question

My child was stopped by our local Police. One was talking to him and the other from out of no-where took him to the ground (tackled him.) they got him back up and asked to search him. He said my Dad works 1 block away and I want him here before you do anything else. They told him to bad and searched him. He is not now nor has he ever been in trouble with the law. The sited him for having a lighter.

Answer 1

That is sooooo messed up. I think you have grounds to sue soo see  if there were any cameras around soo you have video eveidence!

Answer 2

Yes they can.

Answer 3

There sounds like there's more to this then a having a lighter.  Police have the right to "pat down" called a "Terry Frisk" from Terry vs. Ohio case law indicating anyone who poses a risk to officer safety can be patted down for weapons.  Juveniles are known to carry firearms too.  However, the parents or legal guardian must be present during any investigative questioning or interrogation.  But for a pat down search, police can search.  You might want to consult with an attorney, there are alot of variables and I don't know all of the facts.  What did the police stop him for in the first place?  What was he charged with?  Where there any witnesses?  Was he injured?  Have him checked by a Doctor anyway.  There might be grounds to file a law suit against the department for excessive force, and damages they caused to you son as a result of injuries he sustained.  In addition, the police might have not followed the "rules of criminal procedure", as well as a search and seizure violation which will lead to the exclusionary rule, meaning anything the officers found or seized will not be admissable in court.  Such as, any testimony, evidence, etc.  I wouldn't pay a fine, I plead not guilty and consult with an attorney immediately.  The attorney gets up to 30%, I settled last year for similar unlawful arrest and detention for $25,000. after fees which goes towards my college tuition / books.