Should I have been notified when my teen daughter was questioned for Disturbing the Peace at school?
Full Question:
Answer:
There is no state or federal law which prohibits police from questioning a minor without parental consent. Individual police departments may adopt policies that forbid questioning of minors without parental consent. Whether or not statements obtained from minors during interviews conducted without parental consent can be used against minors in court varies by the facts in each case. Parents may instruct their children not to speak with police unless a parent first gives permission, since no one is legally required to speak with the police. It will be a matter of subjective determination, based on the facts and circumstances involved, whether your daughter is liable for disturbing the peace. I suggest you contact a local attorney who can review all the facts and documents involved.