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Is it legal for a minor child to be arrested at home without informing a parent first?
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Is it legal for a minor child to be arrested at home without informing a parent first?

police came into our home and got my son out of bed and told him they wanted to talk outside once outside he asked to talk to his dad and they(police) told him no. We found out 3 hours later where he was. The Police station would and could not tell us anything about him or where he was. Dont us we as parents need to be informed of what is happening by the police . My son is only 16 and we have the right to be informed of whats going on before he is taken off. Our deaf daughter let them into our home but the Police never said anything to us we dont know if there was even a warrent for him. They just took him without a parents knowledge. IS THIS ACTUALLY LEAGAL FOR THEM TO DO? WHAT CAN I DO ABOUT THIS MATTER? WHO DO I REPORT IT TO?? HELP ME PLEASE!!!!!!!!!


    




gunsandammoatwork
Wow! There are some people on here who seem pretty sure of themselves.

Before you decide which of these answers you think is right, check with your state law. Most states only require parental notification once a minor is arrested and/or booked at juvenile hall. If you tell us what state you are in, it can help.

Minors do not have a right to speak with their parents if they are being detained or questioned by the police. Here is part of an article about Miranda rights witten by the Alameda County DA's office:

MINORS: Minors have the same Miranda rights as adults and, therefore, need not be
given any additional information. In the past, there was some confusion over whether
officers must notify a minor that he has a right to speak with a parent before questioning
or that he may have a parent present during questioning. The answer to both is no.

If your son asked to see you, it doesn't matter. Here is more from the article, including cited case law:

SUSPECT REQUESTS TO TALK WITH SOMEONE: In the past, it was the rule in California that a minor’s request to speak with his mother or father was an invocation of the right to remain silent even if it was apparent he was not invoking.Citing this rule, defense
attorneys would argue that an adult suspect invoked by requesting to speak with, for
example, his probation officer, employer, friend, parent, or psychologist. But as the result
of Davis and another important Supreme Court case, Fare v. Michael C., these
arguments are now summarily rejected.

Allthough it would have been polite to inform you, they most likely weren't required to. Your question doesn't state where you were when the police came over.


matt
because your daughter let them in it was legal, and until they book him


montae0420
Just make sure your son does not sign anything if they let him call home tell him don't talk to them because he had the rite to hire him a lawyer i wish that your daughter did not open the door but you and you husband need get on the phone and be calling around to lawyer offices and tell him/ her what's going on because they could pressure your son into saying anything and doing anything so just call the police department and ask them what they have him for and they say they can't tell that's when you go down their with his lawyer your first time talking with the lawyer should be free in state GA it is ! i hope this help if not much just a little


mike g
no


Erin
Rating
It probably depends on what state you live in. Different states have different laws. If you aren't sure what your rights are as a parent I would call a local attorney in your town.


Ken
Rating
He was only 16?? Something sounds really shady there


WeIrD_FrEaK
Rating
No I don't think it is legal at all. In that case you should call a lawyer.


*****
Rating
Yes, the police DOES NOT, I repeat, DOES NOT need a parents permission to arrest a minor, if they believe that laws were broken.


fr_chuck
Rating
Yes they may if they have solid probable cause for an arrest and/or an arrest warrant, or a warrant for a probation violation.

You can find out if they had a warrant by asking.

If your daughter is legally deaf, that may be grounds to say she did not fully understand what they wanted and thus they did not have valid permission to be in the house.

But thay may or may not void the arrest, only any evidnece they got from the house, or a confession he made during the time period shortly after that period.

And I have to ask, where were you that the police can come into the house, wake your son up, arrest him and take him out. did he not yell for you, were you not home ???


cyanne2ak
It is perfectly legal for them to do that. You can't do a thing about it. You were informed. Also, you were present when he was arrested even if they took him outside the house to do it (which is standard procedure).


Richard H
Rating
The police are required to inform a minor that they have the right to have a parent present at an interrigation...if the minor doesn't request it, the police are under no obligation to inform the parents.


sobrien
Rating
NO!

that is completely illegal.

unless your son is a murder suspect with a warrant, they had no right to even go into your house.

i would contact your lawyer immediately.

the police should have informed you before even talking to your son. he is a minor, and under law is your responsibility.


butterfliesRfree
An important issue - you didn't say what state you live -- if anyone in your state knows, they won't know to answer. Laws are different in different states.


The Main Man at Yahoo
I see a lot of BS in this story. First of all they took him oout of the house ,when you were there. second of all ,yousaw them take him away. So you knew where he was heading. try and make another story .


msdifranco2003
In IL it is legal for anyone over the age of 10 to be arrested without a parent present. The child can be questioned by the police and put in a juvenile detention center. The parent usually is informed by the police as a courtesy but often is informed by the detention center staff. The children are read their rights and are told they don't have to make a statement. They usually aren't questioned unless it is a big case that detectives have been following for a long time (months) in which the child is offered a lawyer and the parents are usually asked if they want to be present while their child is being questioned. In IL the minor (under the age of 17) must go in front of a judge within 40 hrs. to determine if they should be detained until their next hearing which is a bench trial where they will be able to present evidence and will be found guilty or not guilty. This hearing can be anywhere from a few days to 30 days away. Then there is a sentencing. This can be the same day but can be as far away as 30 more days. I hope this information helps.


cowboy_lil_texas
yes happened to me when i was 12 dont ask why.


floridagrandma
I would think it would depend on what state you live in? Also what the child did?

Call an attorney and ask him/her about your son's rights. But make sure you know why the police arrested your son.


DawnsEarlyLight
They have an arrest warrant...Of course it is legal.
The problem is...is that you make excuses for your child instead of dealing with REALITY!!!!!!!!


dapperflapper
Rating
What state so you live in? It probably is legal. your daughter let them in, therefore they have the right.....


PS 16 means he's an adult. If you still think he is a child maybe you should be watching over him & making sure he doesnt get involved with illegal activities... Stop sticking up for him, he obviously thinks he's an adult... let him deal with his own problems


Beer Advocate
Rating
Talk to a lawyer.


I want my ¡OLD! mtv
Rating
Depending on which state you live in this coud be legal or not. It depends on what they arrested him for. It sounds pretty serious from the description but you should 1: File a complaint with your state's Attorney General's office because this is something that probably needs to be changed and that the public needs to know should something like this ever happen to anyone again in the future and #2. Talk to a lawyer about what happened. He/She probably knows more about the law in your state than I or anyone else on here so they can tell you much better even if it costs you some money.

As for the actual legalness of what happened, they took cruel and abusive advantage of him, your deaf daughter and your family in general. Your deaf daughter (no matter how well she can hear) probably could not hear the police and just assummed it was a Girl Scout or something at the door selling cookies for all she knew. Then, without a warrant or one known of, the police came into your house. PLEASE talk to your daughter to see what the police told her like if they had a warrant for your son's arrest. If no warrant was shown to a member of the family is in your own and the public's general interest to see what went on. Getting the attention of the media might not be a bad idea either. Furthermore you can try to talk to other police departments from the general area and see if they were told anything about it. Also check with the state police to see if there was a warrant out for your son's arrest. If there was none then something is definitly wrong here. Good luck trying to find out what happened though, it won't be easy at this point.


coconut
It is legal but don't forget, they are very power hungry and don't have much regard for people. They definitely should have told you, although it's legal, you can complain and you'd have MANY people on your side.


thats_hella_hott
Rating
16 isn't considered minor in some places.
simular thing happened to me at 14 and its pretty much legal


kja63
16 year old can be considered adults in the eyes of the law and tried as adults. Your question is for your lawyer.


ineedtono
yes its legal are you stupid?????


janellelowrance
Rating
Call a lawyer right away. Call the Sherrif and tell him what they did...It isn'r a situation where you do drugs or are an abusive parent is it? If that's what he's saying(the child), then that's what is happening.


avasmava
if they have reason to believe your son has committed a crime, and they had a warrant for his arrest, then they had every right to take him. the best way to answer your question is to get a lawyer asap.


jshepard17
Call a lawyer. They can help you sort out the process better than anyone on Yahoo Answers. I believe that the police can detain a minor for questioning without informing the parents.


BoRF
Rating
Depends on the severity of the crime. Mind sharing what he was accused of?


Ginny C & Hobie D
Rating
ya





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