Did the police have the right to question my son without me when I clearly told officer I was on my way and did they have a right to arrest him?

Question

My 17-year old son was picked up with a friend at said friend’s house and taken to police station where an officer called to inform me they had him for questioning in a couple car burglaries. The officer asked if I wanted to come then or when they were done questioning him and I responded yes I want to be there and that I am on my way. I went to police station, informed dispatcher I was there and who I was, to which she replied that someone would be with you in a moment. I was there 45 minutes when the arresting officer came out and told me my son was placed under arrest after questioning and taken to the county jail. He is 17 years old, had just turned 17 nine days before that, had never ever been in trouble before and is not guilty of this. He was walking with his friend when friend started trying to get in a car and did and stole some stuff. My son had continued walking the whole while telling the kid "come on Chance dude don't do that I don't want to get in trouble come on dude that's wrong I don't do that stuff come on dude", a homeowner heard this which is why cops knew where to go. My son is charged with three counts burglary and two counts of theft, which is three class 2 felonies and two class a misdemeanours. He and the friend both have said my son did not touch the vehicles, nor get in them, nor take anything from it, he did however pick something up his friend dropped and hand it back to him. Thanks for any help I can get on this.

Jared Altman · Answer

Yes.

James Schoenberger · Answer

Unfortunately in Washington, law enforcement can question a minor without a parent being present.

Jeffrey Pollock · Answer

What the police did is unfortunately lawful most times under the "totality  of the circumstances" standard.

James Osak · Answer

Cops probably can use son's information here. Son should have said "I want my attorney" then shut up. He did not have to talk to the cops.

Thomas Tomko · Answer

As with any case, the question is whether or not the statement was coercive. If he is of sufficient maturity, he could have waived his Miranda rights. However, this will come into question. Whether or not a parent is there will go to credibility or coerciveness of the statement, as it is not necessary for the police to wait until you are there to question him. The right to counsel is personal and is in the person being charged, so you could not assert that for him.  A better set of facts would have been for your to tell your son to ask for an attorney rather than to tell the police to wait for you.  You should discuss the details of the case with the attorney you hire.

Dennis P. Mikko · Answer

At 17 years old, your son is considered an adult in the eyes of the criminal law. He can be arrested and placed in jail. If he is not guilty, he should retain an attorney to represent him or ask the court to appoint one for him.

Timothy Klisz · Answer

It sounds like he is guilty and the police certainly do not have to allow you in for questioning as he is considered an adult in Michigan.

Mark Smith · Answer

Yes. The police may question your son.

Terry Nelson · Answer

Did the police have the right 17 year olds are minors, not children, but an argument can be made. He will get the answers to those questions from a judge as a result of appropriate motions that could be brought. If police followed procedures, read his rights and he talked to them anyway, all while being video & audio recorded, that was his choice to ignore the normal advice: to 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. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do?  Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. While this isn't a 'capital case', you certainly face potential prison time, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

Francis Cowhig · Answer

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your son's arrest.  He/She would then be in a better position to analyze his case and advise you of his options.

Stephen Richards · Answer

They can question him without you since he is over 17, but you may have a defense.

James Edward Smith · Answer

Police can talk to a minor without a parent if the Miranda rights are given.

Michael J. Breczinski · Answer

At least in Michigan if he is 17, he is charged as an adult and can be questioned as an adult. If he did nothing to further or help the other person's thefts then he is guilty of nothing. He needs a good lawyer and should fight the matter.

Steven Alpers · Answer

He can talk to the police if he waives his right to a lawyer.

Stephen Freeborn · Answer

Your son needs to have an attorney. Whether or not the answers to the questions your son gave can be suppressed, I can't say without examining the facts. An attorney could help with this. Based upon the charges you have outlines, even though your son is 17, he could still be charged in adult court.  Get an attorney.

John Brennan · Answer

You son is in deep trouble. He should not speak to the police without an attorney, not you, present.

Mark Bruce · Answer

They should not have questioned your child if you told them you needed to be there.  However, it is unclear under the law whether this is a statement that can be suppressed. It depends on the minor's age, intelligence and education as to whether the statement is voluntary. Many courts have allowed such statements even if the police did not tell the minor he had a right to talk to parents first. However, Miranda warnings must be given. If no Miranda warning, telling the minor he has a right to consult with counsel before questioning, then the statements can be suppressed.

Jason Savela · Answer

Stop talking with the police and prosecution. Get a public defender or hire a lawyer. Investigate and to prove witness heard statement as you related. Lawyer should demand a dismissal or set for trial.

Leonard A. Kaanta · Answer

Your son is an accessory to the crimes, he should have left his friend, by not leaving he became an accessory, and can be charged with the crimes. He needs a lawyer.

Robert De Groot · Answer

Hire a private attorney for your son. That is the very best thing you can do in order to ensure that these charges are dropped. Guilt cannot be presumed because of presence or inferred by association. Make sure that the son speaks to no one about this alleged crime, that is no one, except an attorney.

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Did the police have the right to question my son without me when I clearly told officer I was on my way and did they have a right to arrest him?

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