Can a minor be detained and questioned without a parent being present?

My son was detained regarding a stolen computer at school. He had nothing to do with it. He said he was questioned from 10 am until the end of the school day. No one notified me that he was being questioned by police even though he asked them twice if he could call me. They told him no. What can I do and were his rights violated?

Asked on November 4, 2011 under Criminal Law, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Anyone regardless of his or her age can be detained and questioned by law enforcement about a possible crime assuming there is probable cause for doing so or the questioning is part of a normal investigation.

In the situation concerning your minor son, he too can be questioned by law enforcement without a parent being informed or being present during the questioning process.

I see no violation of your son's rights assuming the police officers were respectful to him and utilized proper protocol during the questioning process.

Good luck.

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