Other Criminal Procedure Don't use please help

[HammerHill1900]

If a juvenile is a suspect and an officer pats him down and questions him without a parent present, does the court have to drop the charges? There where two juveniles in the car with an adult that was not related to them and both juveniles where questioned.

 

[army judge]

If a juvenile is a suspect and an officer pats him down and questions him without a parent present, does the court have to drop the charges? There where two juveniles in the car with an adult that was not related to them and both juveniles where questioned.

The juvenile would have to PROVE, not simply ASSERT that the officer violated one or more of his rights.

It is true that the police are required to have a parent, guardian, or attorney present when attempting to question a juvenile.

ALL street savvy juvies know "NOT to be talkin' to da man".

 

[cbg]

If a juvenile is a suspect and an officer pats him down and questions him without a parent present, does the court have to drop the charges? There where two juveniles in the car with an adult that was not related to them and both juveniles where questioned.

Of course not. There is no such Federal law.

Since you did not provide your state, no one can say what, if any, state law may have been violated but it is quite unlikely that what you describe would result in the court being forced to drop charges, in any state. There MAY, depending on state law and the exact circumstances, be recourse in the form of having any statement made by the juvenile suppressed. That's probably the best you can hope for. And it's not by any stretch a sure thing.

 

[CdwJava]

Whether a parent must be present when a juvenile is interrogated by the police depends on two things: The circumstances, and what state you are in. There is no federal law that I am aware of that covers this, and if there is it does not apply to state and local law enforcement.

In some states you might need a parent present if the child requests one. In others, a parent might be required to be notified if a child is a suspect and is to be interrogated. Still, in others, a parent may never have to be notified by the police. It varies by state and by circumstance. In my state we have no such parental notification law ... in others, they do.

For the most part, the only federal standard that applies with regards to the interrogation of juveniles is Miranda. That is if the juvenile is both in custody and being interrogated, he must be read his rights and understand them.

 

[mightymoose]

It is not clear if this was even a custodial situation. As it is written I do not see any trouble with the police action.

 

[army judge]

I get the feeling the OP might be the lone adult of the three amigos.

 

[CdwJava]

The police can talk to most anyone they wish. The only time some state law might apply is when the situation becomes a detention or greater.