Is it legal for police officer to question a minor without a parents consent?

Answer 1

Yes, parental consent or even notification is generally not required for a peace officer to question/interview a minor, whether in attendance at a school or on a public street. Neither is it a prerequisite for the officer or school officials to notify the parents before the minor is taken into custody. School officials cannot interfere nor be held liable if such an event occurs. The reasons this is allowed are numerous, it is however very important for authorities to have the legal right to take said action especially when it concerns reported child abuse or neglect.

Also, a child does have rights under the law and within the state that he abides in as a resident. You may inform your child that s/he is not answer any questions that are asked by a teacher, other parent, police officer, or school officials.

School officials can ask whatever they so choose, so can the police. However, a child, by law, can say, "I would like to have my parent present. Or, I would like to have an attorney present." At this time, by law, questioning should cease and desist.

Answer 2

Anyone can file a notice of claim and begin the process of suing. However the Police have a common right of inquiry with the public. Most states require resonable effort to contact parents/guardian before questioning. What was the intent of the officer at the time of questioning? What was the circumstance that led to the questioning? What was the result of the questioning? How do you prove loss due to the questioning? Can you sue? Yes Can you win?

Answer 3

A parent, legal guardian, or counsel acting in loco parentis is supposed to be present.

Added: The above answer may apply if the juvenile is in a custodial situation.

There is no prohibition against an officer conversing with, or asking, a juvenile questions in a non-custodial situation.

Answer 4

Define being "questioned" and the specific situation you are asking about Usually it is not required unless the juvenile is being interrogated in a custodial situation. Informal conversation on the street, during a traffic stop, or while at school (e.g.: a school resource officer) does not qualify.

Answer 5

Yes, it is legal to be questioned, but you have a right not to say a word.

Answer 6

Police officers can talk to anyone at anytime regardless of their age. Only if the juvenile is in custody and undergoing questioning does a parent need to be notified.

Answer 7

Yes.