When executing a search warrant, can law enforcement handcuff a minor and question them?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption