When can police question a minor?
The police have to consider a person's age in determining whether that
person is "in custody" for purposes of giving the Miranda warnings.
The rule for adults and children is that the police must read them the
Miranda warnings when the person is in a "custodial situation".
"Custodial situation" means the person would not feel free to
leave and might feel coerced into talking against his or her will. In
a recent case involving a juvenile, a 13 year old minor was interrogated
by police at school without have been given the Miranda warnings. The
Court sent the issue of custody back to the lower court to decide whether
the minor was in custody at the time of interrogation, taking age and
other relevant factors into consideration, thus triggering Miranda advisement.
If your child has or will be contacted by law enforcement, contact the
law office of The McGuire Law Office.