Can police come pick up a 17 year old minor at their home and not let their parent come along?

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Can police come pick up a 17 year old minor at their home and not let their parent come along?

The police came to my house to question my son. They wanted to take him to the station. When Isaid I’m coming along they said I couldn’t. Isn’t there a law against that? If he is not placed under an arrest then a parent should be there right?

Asked on February 13, 2012 under Criminal Law, California

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Seems like they asked him to come.  That said he had a choice.  That means he did not have to come.  If he said, "I am not coming unless my mom comes," that would be different. Or, you said I am not letting you take my son, for all intensive purposes they couldn't. 

That said, if they arrest him, then they can take him without your permission.  Sounds like they were investigating a crime and were not being honest with you. I suspect they wanted to interrogated him without you being present. 

Most states have an age in which a person can waive their Miranda Rights without their parents prensent.  Usually around 14 years of age.

Hope this helps.

 


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