QUESTION
Can a police officer interrogate a minor and search the home without the parent's presence?
Asked on Oct 16th, 2011 on Criminal Law - Texas
More details to this question:
Cops were called to a residence on suspected child neglect. The minor allowed the cop in the house and allowed the cop to ask them questions. The parent was not there. It is unclear whether the babysitter was in the house when cops arrived.
14 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes they can.
Answered on Jun 03rd, 2013 at 12:51 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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No.
Answered on Jun 03rd, 2013 at 12:50 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Police can talk to a minor (or anyone for that matter) as long as the conversation is voluntary. The parents do not need to be present. The police could only search the house with valid consent of a person of authority. I don't think your son or baysitter would have that kind of authority so any kind of search would be invalid. It wouldn't really matter however unless they found something incriminating. If you believe you have been wronged or they have broken policy you can file a complaint with the police department.
Answered on Oct 20th, 2011 at 1:40 PM
It would depend to some extent on the age of the minor (5 years old or 16 years old?), but generally, yes they can, especially in cases of suspected child neglect.
Answered on Oct 20th, 2011 at 1:17 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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Yes a minor can be questioned without a parent present especially in an allegation of child neglect.
Answered on Oct 19th, 2011 at 12:49 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Depends on the reason for the search. Yes, they can interrogate a child without a parent present.
Answered on Oct 19th, 2011 at 12:30 AM
In WA the law allows law enforcement to question a minor without a parent being present. A minor cannot consent to a search. Usually a search warrant is required before a residence can be searched. A babysitter, however, might be able to consent to search.
Answered on Oct 18th, 2011 at 2:40 PM
The police could question the minor in a general sense but usually wait for parent approval. As to whether they can enter the home without a warrant, it would depend on all the facts and from what is given a determination cannot be made.
Answered on Oct 18th, 2011 at 1:15 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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That sounds perfectly legal. They should have notified the parents. Although, they could question you.
Answered on Oct 17th, 2011 at 11:49 PM
Assault Attorney serving Richardson, TX
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The general answer is no, but more facts are necessary. Was the minor seen committing a crime and was the sitter actually present, etc.
Answered on Oct 17th, 2011 at 8:06 PM
Michael J. Breczinski
The issue is whether they can respond to a situation and ask questions to see if the children are OK. The answer is yes.
Answered on Oct 17th, 2011 at 8:01 PM
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No, the cops cannot do that. But you are going to need a lawyer to present the law to the DA and Judge.
Answered on Oct 17th, 2011 at 8:00 PM
The police were correct in asking to enter the property when they do not have a warrant to do so. A minor is not legally able to give permission for the police to enter without a warrant. However, in a case where a child’s welfare is in question the police may enter on concern for the safety of the minor. The police are allowed to question minors without a parent or attorney present if they are not interrogating the minor for alleged involvement in a crime.
Answered on Oct 17th, 2011 at 7:49 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The cop could interrogate / interview the children. Even if a parent is home and won't allow it, the cops can go to the school to conduct and interview and the parent does not have to be notified. As far as the search of the premises, if the child was there alone then the child had apparent authority to allow a search upon request.
Answered on Oct 17th, 2011 at 7:44 PM