Can a minor be questioned by the police in school without parental consent?

My son received a subpoena just this past week. I asked him why he was being asked to testify in court and he told me of an incident that occurred about a year ago in a party that he had attended. Well what happened at this said party is that a young lady had sexual relations with a boy that was not her boyfriend and is now saying that she was raped. Basically my son was interviewed by police as a witness and I was never informed by the school or the police of this interview. I am just finding out now. Was the school and police in the wrong to interview my son and not let me know?

Asked on October 26, 2011 under Criminal Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A minor child can be questioned by law enforcement at school absent parental consent. However, if the minor is a possible suspect to a crime that the questions are being asked about, the minor must be given the Miranda warning before questioning begins or continues.

I see nothing wrong about the school or law enforcement not advising you about the interview with your son. My sentiment is that your son should have immediately told you about the interview he had with law enforcement about the incident that resulted in police investigation.

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