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Can police question a minor under 18 with out a parent or parents consent ?
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Can police question a minor under 18 with out a parent or parents consent ?


I am assuming that you mean a young person who is a suspect in an incident.
In Canada the minor has the choice whether or not to have a lawyer, a parent, a relative, or some other adult if no relative is available present during questioning.

I as a matter of practice will not normally question a young person unless his parents are present. Young offender statements are notoriously hard to get admitted in evidence in court so all efforts should be made to have an adult there with him/her. I have however, had many youths that have provided me with a statement without their parent present by choice. This is usually done on video tape and a very clear warning is read to the youth (many times in fact) from a specially designed form (at least 8 pages long). The youth must tell you if they understand the cautions by telling you what they think they mean. They sign the form and then the statement can begin.

If the kid is not a suspect and is just a witness, then I wouldn't need a parent present (unless it was a young child, under 12 let's say).

Yes......depending on the laws of your state......and depending on what's going on with the case at the time...

Sure. Police can question a juvenile any time they want.
Now whether statements made outside the presence of a parent are ADMISSIBLE IN COURT is another quesiton altogether.
The answer to THAT question is almost always "no."
Police may also question a juvenile as to biographical information (name, age, address, phone) without a parent.
If the questions are not likely to illicit incriminating statements, parents would not be necessary.
Police investigating a rape. Joey is 17 and was at the party where this is alleged to have occurred. Joey is NOT named as a suspect, just a possible witness.
Police go to Joey's house and ask "did you see Nicole get raped?" Joey replies, "Sir, I gotta tell you, I did it, I'm sorry."

depends on the situation if you're walking down a street at 2 am and police stop you answer them b/c if you don't then you're suspicious but answer them saying i was at joe brown house down the street here a 7 maple lane be specific not suspicious

There is no state or federal law which prohibits police from questioning a minor without parental consent. However, individual schools are free to adopt policies which would require parental consent PRIOR TO allowing police to question a student who is at school. Whether or not to have such a rule is completely up to the school.

Another aspect of is whether or not statements obtained from minors without parental consent can be used against minors in court. The New Hampshire Supreme Court last dealt with this issue in 1985. In the case of State v. Philip Benoit, the defendant asked our Supreme Court to adopt the "interested adult" rule. Under that rule, no juvenile can be deemed to have voluntarily, knowingly and intelligently waived his or her privilege against self-incrimination and his or her right to counsel (the typical Miranda warnings) without first being provided the opportunity to consult with, and have present at interrogation, an adult who is informed of the juvenile's rights and is interested in the juvenile's welfare. At the time the Benoit case was decided, several other states had adopted this rule, including Indiana, Louisiana, Missouri, Vermont and West Virginia.

The Big Box
If they have been arrested, then yes. In other situations it depends on local and state laws.

Sure, why not?

Yes, so long as they read them their rights, They can question anyone, even a 10 year old so long as that person understands they do not have to answer any questions unless they want to.

depends on the states law in Texas 17 is an adult and you can be questioned like one even if your a suspect victim or witness. if the juvenille is a suspect they have to be taken before a judge and read their rights by the judge before they can be questioned as a suspect but if they are a victim or a witness they can give a statement anytime.

Why wouldn't they be able to?

If they are a suspect in a crime - it doesn't matter what their age is. Criminals sould be locked up regardless of their age.

Erik B
In California, they can. The constitution doesn't give kids any more rights than adults (and in some cases fewer rights).

It depends on the state you are living in. In Arkansas you cannot question a juvenile without the parents consent.

mike j

The Doc
i don't think so in th US.

With a court order, yes.


Hell no

no they cant.

My daughter is 5 yrs old I don't c how the cops want to ask her questions about an iPod that I had / had not given her . I don't c how this is legal.

My daughter is 5 yrs old I don't c how the cops want to ask her questions about an iPod that I had / had not given her . I don't c how this is legal.

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