When executing a search warrant, can law enforcement handcuff a minor and question them?
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When executing a search warrant, can law enforcement handcuff a minor and question them?
My brother’s house got raided. I’m 17 and the D.E.A. had me in cuffs and my 4 year old niece was there. They allowed me to call my mother but wouldn’t let me tell her what was going on. When she came to get my niece they still didn’t tell her anything. They asked me several questions involving my brother’s case. His lawyer left town without letting him know anything first; he just said he thought they might be able to get his case dropped for it.
Asked on August 12, 2011 Alaska
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First of all, the DEA doesn't have to say anything to anyone, especially if the case is ongoing and if information is leaked it could compromise the case. Second, the DEA just like regular police have to secure and have a right to secure the premises for their safety and for everyone else's safety. So a 17 year old (male or female) may pose a threat and therefore you were handcuffed. If the DEA agents were questioning you, it was most likely because they wanted to extract information regarding your brother. The issue here is whether the handcuffing and questioning equate to interrogation to get you to confess about your crimes. So, I don't think it was the situation here. If the DEA raided your brother's house, they had a warrant and your brother's case cannot get dropped because his lawyer was out of town. If you have a concern that you were wrongfully detained, talk to your mom about it and talk to a lawyer about whether or not you have a colorable claim against the DEA.
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