Can police question a minor at school without notifying parents in Wisconsin?

Full question:

Is it legal for a police officer to question a minor on school grounds without notifying the parents in Wisconsin?

  • Category: Criminal
  • Subcategory: Minors
  • Date:
  • State: Wisconsin

Answer:

In Wisconsin, there is no state or federal law that prohibits police from questioning a minor without parental consent. However, individual police departments may have their own policies regarding this practice.

Whether statements made by minors during such questioning 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.

Minors have the right to have their Miranda rights read to them, just like adults. If a minor is detained—meaning they do not feel free to leave—and is suspected of a crime, police must inform them of their Miranda rights before questioning. Minors can invoke these rights and choose not to make any statements unless an attorney is present.

While minors can request their parents be present during questioning, police are not required to inform them of this right beforehand. School officials, teachers, and counselors do not need to advise minors of their constitutional rights unless they are acting under police direction.

For specific legal advice, it's best to consult a local attorney who can evaluate the details of the situation.

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

In Wisconsin, it is not illegal for police to interrogate a minor without parental consent. However, police departments may have their own policies regarding this practice. Minors can choose not to speak without a parent present, but they are not legally required to have a parent involved during questioning.