Is it illegal to interview a 15 year old without a parent present?

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Is it illegal to interview a 15 year old without a parent present?

Can the police interview your 15 yr old child without your presence? Is it okay to do this?

Asked on November 21, 2011 under Criminal Law, Iowa

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, the police can question a minor without their parent(s) present if that minor is not in custody. This often happens when an officer has a reasonable belief that a minor has violated the law. They can detain the minor to conduct an investigation. During such a detention, the police are not required to let a minor call their parents. Nowhere in the constitution does it say that parents must be present during an interrogation of their child; accordingly there is no constitutional right to have a parent present during such questioning.

However, if your child made certain incriminating statements regarding the incident, what could be relevant is if your child asked for a parent to be present and the request was ignored. If statements were not voluntarily and freely made, than these statements may possibly be excluded as evidence in any case that may be brought against your child. 

If you child was under arrest, there are also Miranda (i.e. the reading of your rights) implications. Since you gave no details its hard to say more. If you think that Yuri child's rights may have been violated then you should consult directly with a criminal law attorney in your area. Specific rules regarding the questioning of a child vary from state-to-state.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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