Is it legal for police to question my daughter without my consent?

Full question:

My 15 year old daughter was part of a group of teenagers who 'toilet papered' a house. She was in the group but did not participate. Two months following the incident; while at school, my daughter was questioned and intimidated by threat of Juvenile Hall regarding the event. She was subsequently arrested for Disturbing the Peace, and released on her own 'promise to appear'. Up until yesterday, 3/10/09 (2 months following the arrest) I had not received any official notification of the incident. She is due to appear before a Probation hearing on 3/19/09. Is this legal?

  • Category: Criminal
  • Date:
  • State: California

Answer:

There is no state or federal law preventing police from questioning a minor without parental consent. However, individual police departments may have policies against this practice. Whether statements made by minors during such interviews can be used in court depends on the specific circumstances of each case. Parents can advise their children not to speak with police without parental permission, as there is no legal obligation to do so. Your daughter's liability for disturbing the peace will be assessed based on the facts and circumstances of the incident. It is advisable to consult a local attorney who can review the details of the case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Toilet papering a house in Texas can be considered vandalism or criminal mischief if it causes damage to the property. If no damage occurs, it may be viewed as a prank but could still lead to legal consequences if the homeowner files a complaint. It's important to understand that even seemingly harmless pranks can have legal repercussions. Always consider the potential impact on others before engaging in such activities.