QUESTION
Can a detective be sued for questioning a minor without informing the minor her rights?
Asked on Nov 20th, 2013 on Criminal Law - New York
More details to this question:
A 17 year old girl in New York State was home where she lived and a detective approached her and started asking her questions and writing them down. Never told her it was going to be a statement until they were about done with the conversation. He never gave her the information that she didn't have to answer the question nor did he tell her she had the right to counsel or her parents present. Then had her sign the statement and sign release forms to her doctor for her newborn son. Being under the age of 18 in New York. She is not allowed to enter into and legal binding contracts. This is the same for signing statements also is it not? I have been doing some reading and since he never informed her she had the right to have her parents or counsel there these are not submittable in a court of law are they? And can the parents of this 17 year old file a civil suit for doing this? I know there are certain rights that this officer has violated by not telling her this. What can be done about it?
1 ANSWER
John J. Carney
I do not know what she signed or what statements she made. The police are supposed to try to contact the parents of a minor suspect and even a witness before they question them but it is just a "policy" and not a rule or a law. There is no ramification for them not trying to call the parents, but it could be a consideration at the Huntley Hearing on the advisability of the statement or confession. Parents almost never are sophisticated enough to advise their children to remain silent and demand an attorney if the police question them. It should be part of "The Talk" that parents have with their teenagers about sex, drugs, alcohol, shoplifting, birth control, DWI, safety on the internet, hygiene, getting good grades, following the law, and never talking to the police, teachers, prosecutors, or anyone about anything unless a lawyer, not their parents are present. Most parents are so unsophisticated that they actually tell their children to "co-operate" with the police often resulting in a confession that will hurt their chances of getting the case reduced or dismissed. Their parents were taught to trust the police and to help them but that is not what educated, intelligent, savvy parents do. What they do is to get a lawyer to negotiate the matter with the police and prosecutors to protect the child's constitutional rights and keep the police from getting evidence to bury them with. You can sue anyone you want, but you usually need a lawyer and a good case with damages and legal precedent. You are not going to be successful in suing anyone and if your daughter talked to the police she should not have done so and that may effect her or not depending on what she told them. As far as Miranda Warnings that depends on whether she was a suspect and if she was in custody. The police have a bad habit of lying about such things and should never be trusted as they know how to interrogate people, trick them, and lie to make it all sound legal at the hearing.
Answered on Nov 26th, 2013 at 11:46 AM