Does this sound right ...

59GS · 01-12-2008, 06:02 PM

In October my godson who is 13 was inside an abandoned building. Cops came and grabbed them up ... which they should have done. The officer on scene said there would probably be no citation but that was up to the detective but he usually followed his (officers) recommendation.

Jump ahead to this past week ...

Detective comes to school takes him out of class, takes him into a private room with no one else there. No partner, no one from the school. Reads him his rights, records the interview and issues him a citation.

Any attorneys or law enforcement folk can shed some light on this situation? Any and all responses are appreciated.

Interesting kicker ... the deputy chief of police will be at my house for game and bar-b-que tomorrow.

Thanks gang

Moses · 01-12-2008, 06:09 PM

Videotaped police interrogation without a parent or legal council? Doesn't sound right.

many944s · 01-12-2008, 06:12 PM

Wow...
Not sure how the law works (or if there is any such thing as "law") there on the "left" coast, but that shlt would never fly out here in the Midwest!
Between "intimidation" and violating your son's rights, the detective should be on suspension!

Moses · 01-12-2008, 06:19 PM

Well, I was wrong. Still, it doesn't seem right.

Can the police interrogate a child on-campus without parental/guardian consent or notification?

Yes. Nothing in current law requires school officials or the police to obtain parental or guardian’s consent in order to interrogate a student on-campus about criminal activity.2 No notification to the parents is required even after the minor has been questioned.3 The parent or guardian may learn about the questioning only later when the child tells his or her parent or guardian what happened at school.

The police are not required to permit a parent, guardian or school official to be present while the police are questioning a student. This is true even though the child may not have a genuine understanding of his or her rights while being questioned.

Under existing law, a parent or guardian MUST be notified immediately if either of the following occur4.

* The police take the child off-campus for interrogation or questioning. The parent or guardian is entitled to be informed where the child is being taken.
* The police arrest the child at school.

87coupe · 87coupe's Garage

There is something between "questioning" (legal) and the "taken in to a room alone" and "recorded" that just isn't sitting right. Wonder if the law draws a distinction in this regard?

TerryH · TerryH's Garage

I wonder why it was necessary to harass, embarrass, and interrupt class for this kid at school, when the alleged violation had nothing to do with school.

I think this was handled terribly and I would speak to this detectives superior.

Rick Lee · Rick Lee's Garage

Tell that boy to keep his mouth shut whenever a cop asks him a question. They ain't there to help him. Just don't tell them a thing, ever.

9dreizig · 01-12-2008, 07:48 PM

Besides being in an abandonded building, what "crime" was committed..
Around here (New Hampshire) the cops pick up kids and give them breathalysers,, when my kids where under age I gave them a) the shouldn't be drinking and b) tell the cops to F off if they tried to make them blow... We're not talking about drinking and driving here
Time for this country to start standing for thier rights..
Make sure you tell your godson next time to not talk to anyone without a lawyer AND his parents

Sonic dB · Sonic dB's Garage

Is there more to the story that you are not being told? Police are very busy and normally do not investigate such minor issues months later... did something happen in that abandoned building that your son has not told you about? did something happen that he didnt know about...sounds weird...good luck

9dreizig · 01-12-2008, 07:59 PM

Quote:

Originally Posted by Sonic dB

Is there more to the story that you are not being told? Police are very busy and normally do not investigate such minor issues months later... did something happen in that abandoned building that your son has not told you about? did something happen that he didnt know about...sounds weird...good luck

I agree with Sonic ( first time tonight!!!! LOL)

Sonic dB · Sonic dB's Garage

miracles do happen... lol... and we only disagree probably on the Top QBs in the NFL... which
is not very important in the long run