Question:

Minors rights with police

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Hello

I was wondering if anyone knew a website that contained information about minors rights when dealing with law enforcement. I ask because I have been question a few times lately (there has been some crime around here and no I did not do anything to make an officer suspicious)

while being innocent but the officer insisted I was a problem and gave me an attitude and I did everything he asked.

Some things I would like to know

If an officer asks to see my ID, do I have to show him/her?

Can I be searched if I am not under arrest?

Can I walk away if I didn't do anything wrong?

This is in suffolk county New York if it matters.

So thank you in advance to anyone that gives me information and please no "you were up to something you're not telling us" because that is not the case.

Thank you

Paul

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6 ANSWERS


  1. yes

    yes

    no


  2. Depends on the situation and laws in your state. For instance, some states require that passengers in a vehicle have their ID on their person, other states don't.

    You can be frisked for officer safety.

    Sure.  

  3. If an officer asks to see my ID, do I have to show him/her?

    Yes you have to show it. If you don't you are hindering an investigation.

    Can I be searched if I am not under arrest?

    Yep

    Can I walk away if I didn't do anything wrong?

    You can ask the officer if you are under arrest. If they say no, then ask if you can leave. If they say no then you are being detained and if they ask you guilt seeking questions they must advise you of your rights before asking them.


  4. If an officer asks for your ID, yes you have to give it to him/her.

    Yes, you can be pat searched (Terry vs Ohio).

    If you are involved in a 'terry stop' (see above case law), then no, you cannot just walk away.

    A lot of factors are considered when speaking to anyone, regardless of their age.  My best advice for any minor is to always carry ID, be as polite as possible and answer any question to the best of your knowledge.  Generally minors have a 'problem with cops' because they are basically ruining whatever fun they are having.  Not all cops are nice and polite and not all cops are total strokes either.  Just educate yourself (like your doing) on your rights and laws of your town and/or county and you should be fine.

  5. If an officer asks to see my ID, do I have to show him/her?

    --Officers have the right to detain individuals for identification, they need a probable cause reason to do so.  In the case of juveniles the officer has the right to stop them for ID for curfew checks at certain times and places.

    Can I be searched if I am not under arrest

    --Yes, a pat search for weapons can be conducted on anyone if the officer can articulate a reason

    Can I walk away if I didn't do anything wrong?

    --Yes, although if the officer thinks otherwise that could be a very bad thing to do.


  6. I just turned 18, i know how you feel. Sucks but if you truly didn't do anything wrong just listen to everything he says and do everything he says. It makes me mad too when they assume something that isnt true, but there isn't really anything you can do

    ...they're just suspicious because teens=trouble for some d**n reason. it's stupid.

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