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Home/ Questions/Q 13349
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Karl Ochoa
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Karl Ochoa
Asked: February 17, 20212021-02-17T23:48:55+01:00 2021-02-17T23:48:55+01:00In: Communication

Can a cop be sued if they speak to minors without their parents or attorney present?

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Children can be called upon to give a report they’re witness or victim of a crime. However, can that be done in the absence of the parents?

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    1. Cyril bolt
      Cyril bolt
      2021-02-18T12:45:19+01:00Added an answer on February 18, 2021 at 12:45 pm

      The rules on obtaining statements from minors vary from place to place. Where I worked, we could take a statement from a minor if they were willing to provide one. Notifying a parent or getting their permission was not required. I once made a domestic violence arrest where the written statement of two minor children who had witnessed the assault was pivotal in the case. They can if the minor willfully offers information or if the child breaks the law and is a certain age. They are to tell the parents the child has been picked up. But the child can talk as much as he likes until the parents arrive. A good police officer listens carefully and records all this

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    2. Jay Toliver
      Jay Toliver
      2021-02-18T12:45:28+01:00Added an answer on February 18, 2021 at 12:45 pm

      You are supposed to inform your children to never answer any questions from police officer or detective or the school narc or anyone else who might talk to the police about their answers.
      The police can legally lie to you, there’s a Supreme Court rule on this and they can legally lie to your child and tell him things like “I can hold you in jail until you talk or if he doesn’t tell them what they want to hear” or they’ll charge him with a much more serious crime if he doesn’t talk, etc You need to inform your child that the police are not the nicest people on the block and there is no such thing as the officer friendly. Remember the police can lie to you but you cannot lie to them, and the best way to not lie to a police officer is to not answer any questions, that is your right, remaining silent is not obstruction of justice.

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