QUESTION
can the cops question a 10 year old without supervision in also can the search my home while im under arrest
Asked on Sep 09th, 2015 on Criminal Law - Pennsylvania
More details to this question:
Aug 8 i was arrested for domestic violence i was in my home with my 10 year old brother. I heard a knock at my door opened it in it was the police i did not resist arrest although i had no knowledge if what was going on they brung me out my house left my 10 year old brother upstairs where they begin to question him in search my house without my permisson or any adult supervision.
1 ANSWER
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It's likely a "search subsequent to arrest" and will likely be upheld. They should not have questioned your brother without an adult there, but if he's not a suspect in a crime, it's not unlawful to do so.
Answered on Sep 15th, 2015 at 1:02 PM