Is it possible for police to question a three year old child who doesn’t really comprehend what is going on?

Question

My two year old pug tripped my youngest daughter down the stairs. This caused her to have serious injuries on her back. My oldest was at the dinner table. Now the police would like to question my eldest daughter who is 3. This incident happened 4 months ago and she is now to be questioned.

George Derieg · Answer

I've never heard of that. Is it the police or child protective services? You should demand to be present and also demand a child advocate present as well.

Gregory Casale · Answer

You have the right to deny the police access to your child and should do so. The child's testimony is not admissible as it is not reliable. Spare your child the difficulty and tell the police that you do not want them questioning your child.

Larry Dunn · Answer

Presumably your child is being questioned as a witness or victim. The   police have the right to investigate crimes which may involve young children.   The parents of a young child have a right to give access to their children  for  questioning absent some type of court order. Likewise parents have the  right to  be present if they grant permission for their children to be  questioned. If a  parent refuses access to allow questioning and the police have  reason to believe  the child may be a victim of abuse, the police can involve  Child Protective  Services which could result in a child being removed from  your home.

Eric Sterkenburg · Answer

The police may question a child witness that is as young as three. During this questioning the parent does not have a right to be present. However, for a very young child it is good police policy to have a child advocate present during the questioning. If the child is going to testify in court the court has to make a determination as to whether the child is competent.

Dennis P. Mikko · Answer

With your permission they could question her but what does she really know or accurately remember.

Kevin Bessant · Answer

The police have the right to attempt to question anyone, and of any age for investigative and or interrogation purposes. As parents or guardians of the child, you have a right to be present during the questioning, and you also have a right to have an attorney present during the questioning. Furthermore, although 3 years lack the requisite competency to do so ( or I assume they do), they can always invoke their 5th Amendment right against self-incrimination and refuse to answer any questions from the police.

Mark Smith · Answer

You have an absolute right to refuse the police interrogation of your   daughter.

Clayton Lockhart · Answer

Many states have laws that forbid the police from questioning a minor without the parents present.  There is absolutely no way they should be allowed to question a 3 year old without someone being there to observe their questioning.  It is way too easy for a cop to influence the answers that a 3 year old would give to any questions.  Don't let them question her without your presence or the presence of an attorney on her behalf.

James Osak · Answer

Of course they would like to question a three year old.  You however will REFUSE their generous offer.  If they insist you'll RETAIN an attorney to stop this nonsense.  They can never interview a child w/o parents being present OR some type of "guardian."  Again . . . IF THEY INSIST SEEK LEGAL REPRESENTATION IMMEDIATELY.  They'll try to get your child to "rat" you out to being abusive ("child abuse").

James Edward Smith · Answer

Yes although the Judge may disregard the statement.

Gary Moore · Answer

Such questioning seems improper and of no evidential value. A child's testimony requires establishing that the child can comprehend reality and relate accurately what the child sees and the child unders that importance of an oath. There is also the question of the potential for harm to the a child of very tender years. Tell the police that they need a court order.

Jared Winter · Answer

Police can usually interview anyone they want.  The better question is whether interviewing a 3 year old is going to be of any value to them.

Robert De Groot · Answer

Yes it is possible, but you should get an attorney to be present. At least speak with an attorney about this.

John Brennan · Answer

Get an attorney, they are looking for someone to blame an picked you.

Jeff Yeh · Answer

Ever heard of the right to remain silent? Exercise it!

Dean Valente · Answer

If you are the parent it is up to you. They may threaten you for not cooperating but at such a young age interview is likely a waste of time or will lead to misinformation.

Dennis Roberts · Answer

This is insane.  Get a lawyer immediately. Do NOT let them question a three  year old. They  tend to want to please whoever questions them once the "correct  answers" are suggested.  This happens in child molest cases all the time.

Terry Nelson · Answer

Of course they CAN if you let them.  How useful or admissible it will be is a different question.  BTW:  it will not be only the police questioning, it will likely be Child Protective Services, to see if they should take away custody, independent of any criminal charges.     A little free advice:  exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.

Russell Pietryga · Answer

For a witness to be competent to testify: they must have the mental capacity to perceive; they must accept an obligation to testify truthfully; they must have the capacity to narrate intelligibly; and they must have the mental capacity to remember.  In State v. Fulton, the court suggested the following factors to consider when evaluating a child's ability to testify: The child's ability to function in the courtroom setting, i.e., to understand questions, to communicate those facts to the jury, to distinguish truth from fantasy or falsehood, etc. The court may also consider the age of the child at the time the relevant events occurred, the amount of time that has elapsed, and the degree of recollection the child demonstrates. In addition, the court may take into account the child's susceptibility to suggestion and where the child has been intentionally prepared or unconsciously influenced by adults in such a way that it is likely the child is only parroting what others have said about the relevant facts.    As a reference a child victim of sexual abuse under the age of 10 is a competent witness and shall be allowed to testify without prior qualification in any judicial proceeding. The trier of fact shall determine the weight and credibility of the testimony.

Barbara A. Fontaine · Answer

I would speak to the child's pediatrician for advice.

Mark R. Thiessen · Answer

They can only question her if you let them.  However, Child Protective Services may be able to come in and question.  Just tell the police no.  but if you really have nothing to hide, it may not hurt to let them talk.  However, I never allow clients to talk to the police.  Never.

Steven Alpers · Answer

They can try, but her testimony is  not going to be real reliable.

Jason Savela · Answer

If you have a choice, tell them you do not want your kids talking to anyone.  Ask if you have a choice.  Tell the police etc that you do not consent and want an attorney.  Do not talk with the police or prosecution again without an attorney - just say I want an attorney.

Austin Hirschhorn · Answer

While the testimony of young children does not carry a great deal of credibility the police are trying to determine if the incident was truly an accident or child abuse.  If your daughter was in a position where she could see what happened she may be able to tell the police that she saw your younger child trip over the dog and this would probably put the criminal investigation to an end.  If she wasn't in a position to see what happened and told the police this that would also probably end the investigation.  I don't see any harm in cooperating with the police unless the accident didn't happen the way you told the police it happened.

Stephen Freeborn · Answer

In certain circumstances, it is possible.  I suspect that the investigating officers do not believe your story about your dog tripping your child.  It may be that the injuries sustained are not consistent with what you say happened.  The investigating officer may suspect child abuse or endangerment.   You may want to consult with an attorney.

Arthur Aiken · Answer

You need an attorney to help with this situation. I would refuse to allow the authorities to interview my three year old daughter.

Brian Wanerman · Answer

It's strange that the police want to question a three year-old since anything she says is unlikely to hold up in court.  Since your daughter is a minor and you are her guardian, the police cannot question her without your consent.  You should consult an attorney for advice.

Leonard A. Kaanta · Answer

She can't be questioned without your presence. You need to contact an attorney.

Nathaniel Shafer · Answer

I would not recommend you give permission for the police to question your 3 year old daughter. Tell the police you don't think that is appropriate and refuse to give voluntary consent.

Michael Palumbo · Answer

DO NOT LET THE POLICE QUESTION YOUR DAUGHTER!!!!!! YOU HAVE THE RIGHT TO REFUSE - DO SO!!!!!!!

Stuart Nachbar · Answer

I do not think it is proper to question a 3 year old.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Is it possible for police to question a three year old child who doesn’t really comprehend what is going on?

31 ANSWERS

Find Local Criminal Law Lawyers

Helpful Resources

Ask a Lawyer