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Is it legal for police officers to question a minor without notifiying his parents in Minnesota?
Anonymous2 views2 answers
My 14 year old old was detained by officers at 8pm. I was not notified until 3am. I was told that post-Miranda, my son was questioned. My son did ask to call me twice and was told he could after questioning. He was never allowed to call. He admitted to charges because he did not understand the questioning. He currently recieves special education services through the school for his ADHD as well as delayed comprehension and processing of information. He was also diagnosed with post traumatic stress after his father was violently murdered in 2007. Isn't any of this relevant information in helping to determine my son's fate? I am trying to retain a lawyer before Tuesday because I was not pleased with the public defender.
Thomas C GallagherCriminal Defense AttorneyMinneapolis, MN ·
In past cases, my research of this issue revealed that - at the risk of over-simplifying, a juvenile does have the right to have a parent, an attorney, or both present during questioning by police. Though police must give a Miranda warning to persons questioned in custody, I am not aware of the courts requiring a similar warning about the right to have a parent present. Should the juvenile request a parent's presence prior to answering questions, I believe Minnesota courts should suppress the juveniles statement from evidence as illegally obtained, in the event police do not vindicate the juvenile's rights.
The other vulnerable aspect of the juvenile could be additonal grounds for a court to suppress the statement made to police, as involuntary and without a knowing, intelligent waiver of rights.
