Sherri Wood

[sherriwood05]

My 15 year old son was recently taken into custody on the beach. It was determined that he was not at fault and was not charged with any crime. However, he was handcuffed behind, made to take a breathalyzer and placed in adult holding. The arresting officer did not call or contact me in any way and no permission or consent was ever given for anything. Is this lawful in NC?

 

[CdwJava]

Yes, the police are permitted to detain and investigate suspected wrongdoers.

Whether they had a requirement to notify you of his arrest/detention or not depends on the law and policy. And there is nothing inherent unlawful about being placed in adult holding, though it might violate some law if he was put into a cell with adults. Or, as is the case in some states, within sight and sound of adult prisoners.

If you feel that something untoward was done, you can contact the agency and speak with some and make a complaint, or even consult an attorney to see if there is any grounds at all for a lawsuit ... though, if an attorney says he can look into it for $20,000 up front, you know there's nothing.

More details would be necessary in order to look into the issue further to determine whether all or part of this action was lawful or not.

 

[army judge]

My 15 year old son was recently taken into custody on the beach. It was determined that he was not at fault and was not charged with any crime. However, he was handcuffed behind, made to take a breathalyzer and placed in adult holding. The arresting officer did not call or contact me in any way and no permission or consent was ever given for anything. Is this lawful in NC?

Contacting the alleged arresting authority's Chief or High Sheriff is great advice.

In many cases, juveniles conceal the fact they are juveniles to avoid having their parental units notified.

I've seen such lies told in many cases involving juveniles, so be sure to ask the officer if your kid tried that angle.

 

[CdwJava]

Yeah, it wouldn't be the first time an officer treated a minor as an adult. We booked one into the main jail a month ago ... it was not until mom started calling around that we discovered the error and had to release him from the jail and take him to the juvenile hall.

 

[army judge]

Yeah, it wouldn't be the first time an officer treated a minor as an adult. We booked one into the main jail a month ago ... it was not until mom started calling around that we discovered the error and had to release him from the jail and take him to the juvenile hall.

The sad thing about the lie is, the kid hurts himself or herself, they hurt mommy and daddy, and the officer catches unnecessary heck for nothing.

My mom would always say, "Lies do hurt innocent people."