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OT Is this legal?

Scooter

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Apr 20, 2009
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Dundee, Michigan
I can't get into details. Simple question: Is it legal for a LEO to question, without parents knowing, your child about something that happened outside of and not related to the school? I am looking for law on this and can't find anything. Can anyone point me in the right direction?
Thanks.
 

scot623

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A LEO can question anyone about anything. I'm not aware of a law that prevents a LEO from talking to a child. The real question is, if the questioning was part of an investigation against said child, would the details in the conversation be admissible in court. Pretty clear the answer would be no.
 
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SFCRetired

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Oct 29, 2008
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Montgomery, Alabama, USA
Waay back in the Dark Ages, when I was still in elementary school, a very wise man told me to refuse to answer any questions from school officials or the police about any suspicious activity, whether I was involved or not. He went on to tell me to insist that he be called immediately should I be questioned and to keep my mouth shut until he got there.

Mind you, this was back in the fifties!!

The wise man had very little use for the police or other authority figures even back then. He had seen too many abuse that authority.
 

OC for ME

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The below is what Michigan lawyers think of your question. Numbering added by me. Reply dates colored by me.

1. Your son needs to consult with an attorney. If the police interrogated your son without following the proper protocol and in a manner that may have violated his rights, it may be grounds to file a suppression motion to strike any of his alleged statements from being admitted and used against him. I'd recommend you retain an attorney on your son's behalf or that your son request a court-appointed attorney if he cannot afford to retain one. Answer Applies to: Michigan. Replied: 11/2/2011

2. It would depend on what he was questioned about. Typically, the police will seek parental permission before questioning a minor. Answer Applies to: Michigan. Replied: 10/7/2011

3. Your question is "can a minor be questioned?" or "could a minor be questioned?". The answer to both questions is "Yes." The police break the law all the time - so of course they "can" and they "could." The question you want to ask is whether it is proper and legal for the police to question a minor without their parent. The answer to that question depends on the circumstances including whether your son was under arrest or was detained for questioning. If your son was questioned illegally, and you challenge the legality of the questioning, what you win is suppression of any statement he made. It does not mean charges against him (or anyone else) necessarily will be dismissed. So the answer to your question, as well as the remedies that may be available, depends on more detailed information. Answer Applies to: Michigan. Replied: 10/7/2011

4. The police can speak to a minor without the permission or knowledge of the parents. The minor would not be entitled to legal counsel unless he was being interrogated while in police custody. If your child has been questioned, speak with an attorney and review the reports of such interviews to see if any Miranda or other violations occur. Keep in mind that not you nor your minor children ever have to speak to the police. If the police come to your home and ask to speak to your child, you can always politely decline and ask them to leave. If the police spot your children in public alone or in school, he is fair game for them to ask him to speak with them. It is up to him in that situation to tell them that he doesn't want to speak with them or at least have a parent or lawyer present. Answer Applies to: Michigan. Replied: 10/7/2011

5. Thank you for your inquiry Yes, this can occur. An older rule would have prevented answers to questions from being admitted into evidence. Now, it is a matter of the coersiveness of the situation and a number of factors. I hope that this was helpful. Answer Applies to: Michigan. Replied: 10/7/2011

http://www.lawqa.com/qa/can-minor-be-questioned-by-police-without-their-parents-or-legal-counsel
 

WilDChilD

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Jun 19, 2010
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Dewitt, Michigan, USA
Hey! Look at the big brain on Rob! I said the same thing in Post 2 :) Good to see your reply came from a lawyer and not a shoe salesman, though. Lol

The real question is "Dude, you sell shoes? Can you hook a brother up with the new Nikes? You know the ones with the cool shocks?"
 

WilDChilD

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Jun 19, 2010
Messages
286
Location
Dewitt, Michigan, USA
I can't get into details. Simple question: Is it legal for a LEO to question, without parents knowing, your child about something that happened outside of and not related to the school? I am looking for law on this and can't find anything. Can anyone point me in the right direction?
Thanks.

I have had a talk with my kids about this. They dont need to answer any police question without a parent present.
 

scot623

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Oct 2, 2009
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Eastpointe, Michigan, USA
I have had a talk with my kids about this. They dont need to answer any police question without a parent present.

So true. It is important to teach our kids to respect authority 'to a degree'. Answering questions about criminal activity, trusting an elder to be alone in a room...all not cool. The answer should be "my dad would like you to call him before I talk with you, here is his phone number."
 

Scooter

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Apr 20, 2009
Messages
283
Location
Dundee, Michigan
Thanks to all for the answers so far! I agree that we should teach the kids to not answer/ask for parent. With my other children this will work fine, the child I am talking about is autistic and, well, it is different with him as far as understanding it all. I am hoping this issue blows over. I will be using the helpful info you all have given.
Thanks again to all.
 

detroit_fan

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Joined
Mar 27, 2009
Messages
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Location
Monroe, Michigan, USA
Thanks to all for the answers so far! I agree that we should teach the kids to not answer/ask for parent. With my other children this will work fine, the child I am talking about is autistic and, well, it is different with him as far as understanding it all. I am hoping this issue blows over. I will be using the helpful info you all have given.
Thanks again to all.

Best of luck in this situation, hope it turns out well.
 

pfries

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Jul 8, 2012
Messages
182
Location
East Tennessee
Thanks to all for the answers so far! I agree that we should teach the kids to not answer/ask for parent. With my other children this will work fine, the child I am talking about is autistic and, well, it is different with him as far as understanding it all. I am hoping this issue blows over. I will be using the helpful info you all have given.
Thanks again to all.

If there is an issue at hand the legal guardian should make contact and on the record, recorded in some manner even if by certified mail,
should make the statement or claim protection under the fifth amendment on the juvenile’s behalf.
As a parent you do hold certain rights for your children until they are of age and or mind.
A judge or grand jury would be some of the only things that could compel the youth to talk,
and in many cases with smaller children this is handled in private i.e. the judge’s chambers.
 

budlight

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Sep 7, 2009
Messages
454
Location
Wyandotte, Michigan, USA
I can't get into details. Simple question: Is it legal for a LEO to question, without parents knowing, your child about something that happened outside of and not related to the school? I am looking for law on this and can't find anything. Can anyone point me in the right direction?
Thanks.

No issues with this in Michigan. If it comes to Miranda then it may be argued that the child didnt understand.
 

WARCHILD

Regular Member
Joined
Feb 18, 2008
Messages
1,768
Location
Corunna, Michigan, USA
Just an FYI...

I sent the OP the info PM.
For anyone interested or have a similar issue this is what I did.

I had experience with this in 1978. Took a written notification to the principal that no interviews/interrogations are to be acted upon with my child, without my presence outside of normal classroom function.
He signed a copy acknowledging the request.

FWIW: I was told later in court by a judge in the 67th district court that this is a legal and binding request to protect any minor's 5th.

Hope this helps.
 

Tucker6900

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Joined
Jul 10, 2008
Messages
1,279
Location
Iowa, USA
Thanks to all for the answers so far! I agree that we should teach the kids to not answer/ask for parent. With my other children this will work fine, the child I am talking about is autistic and, well, it is different with him as far as understanding it all. I am hoping this issue blows over. I will be using the helpful info you all have given.
Thanks again to all.

Given the court cases and such in this day and age I could be wrong, but one would believe that any answer given by an individual with a handicap such as autism would be under some sort of duress purely because their level of understanding would not be on the same level as a child w/o autism.

I have already done the same as Warchild. My sons preschool knows that he is not to be questioned by school officials or police without my being there, whether its a school issue or not.

To add: By school issue I mean fights, arguments, etc. Not everyday classroom activities.
 
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Ruckus

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Aug 30, 2008
Messages
208
Location
Chesterfield, Michigan, USA
I had experience with this in 1978. Took a written notification to the principal that no interviews/interrogations are to be acted upon with my child, without my presence outside of normal classroom function.
He signed a copy acknowledging the request.

FWIW: I was told later in court by a judge in the 67th district court that this is a legal and binding request to protect any minor's 5th.

Hope this helps.

This interests me. I wonder if the topic of searches can be added to such a written request, like in the event of a parents' vehicle in which a student parks on school property. There has been some discussion in the past about schools and police having policies enabling them to seize keys to search any vehicle driven by a student on school property.
 
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