**WE** know not to talk to the police...do your children?

[E5RANGER375]

Hmm, my kids LOVE the police and talk to them on a daily basis.

on a lighter note;
robocop was on starz, and I watched it and as soon as my daughter saw your avatar she knew who it was

kids have a good memory

 

[Frank_N_Stein]

well if they called 911 they most likely wouldnt even be talking to a cop.

You're right, but who would the person they talked to send to your house (or wherever it was that you were at the time)?

 

[E5RANGER375]

You're right, but who would the person they talked to send to your house (or wherever it was that you were at the time)?

the jimmy johns delivery person

seriously though, your right. right now she would sing like a canary anyways

when she gets older I can get into the finer details with her.

 

[Loco179]

You know this brings up a amazing point and issue. I will have a talk with the kids about this.

I personally think they are using this to get around having to deal with parents. It also gives them a chance to "outsmart" a child and get that arrest. They wonder why people just do not trust them anymore...lol

 

[serpicostraight]

I can see it though. Some people don't want their kids talking to the police... Personally...I taught mine not to talk to lawyers.

Until they invented this...

Just kidding...

does that come in blue or just red?

 

[Kutnupe14]

You know this brings up a amazing point and issue. I will have a talk with the kids about this.

I personally think they are using this to get around having to deal with parents. It also gives them a chance to "outsmart" a child and get that arrest. They wonder why people just do not trust them anymore...lol

Wat?

 

[dross]

The police are allowed to lie to conduct an investigation. Also, there are several situations that can be cited where they used techniques against juveniles that were later shown not to have done anything, but cracked under these techniques. The police and the current state of the law have created a situation where as parents we must look hard at this, because our kid could find herself in trouble even if she didn't do anything.

Now, let's say she did do something wrong. I definitely don't want her talking to the police. She has the right to an attorney during police questioning, a right I'm told police who are accused of something always take advantage of. I don't want her to make a mistake and begin aiding an investigation against her because she didn't realize at what point she was supposed to ask for a lawyer.

I'd like the LEOs opinion on something. Wouldn't it be better for society if the police couldn't use anything they learned from a minor against that minor unless the child's parent had been brought to the child's presence? Then I could tell my child that the police are always your friends and I wouldn't have to worry about a situation like in the OP. This would also solve Frank's emergency scenario.

 

[Denny347]

Wouldn't it be better for society if the police couldn't use anything they learned from a minor against that minor unless the child's parent had been brought to the child's presence? Then I could tell my child that the police are always your friends and I wouldn't have to worry about a situation like in the OP. This would also solve Frank's emergency scenario.

That is the state of Indiana's law. We cannot ask questions of any juvenile without a parent. The parent must first have the opportunity to consult with the juvenile in private before any questioning. In Indiana, I am not aware of any law reguarding schools that would prempt this requirement. Anything asked of the juvenile without a parent cannot be used against them. Have I asked kids about their crime without a parent, yes. But nothing the kid says will ever make it into the PC or report. It is usually so I can maybe talk some sense into the kid any MAYBE prevent a re-occurance.

 

[Hotdoger]

That is the state of Indiana's law. We cannot ask questions of any juvenile without a parent. The parent must first have the opportunity to consult with the juvenile in private before any questioning. In Indiana, I am not aware of any law reguarding schools that would prempt this requirement. Anything asked of the juvenile without a parent cannot be used against them. Have I asked kids about their crime without a parent, yes. But nothing the kid says will ever make it into the PC or report. It is usually so I can maybe talk some sense into the kid any MAYBE prevent a re-occurance.

Childs statement could be used against them if a school offical is present and the offical acts on the childs words.

 

[Fletch]

Childs statement could be used against them if a school offical is present and the offical acts on the childs words.

Because the official is not a cop, and thus neatly sidesteps the law.

 

[Denny347]

Childs statement could be used against them if a school offical is present and the offical acts on the childs words.

Are you sure about this? I ask because we have "rights waiver" forms that must be signed by the parent in order for the statement to be admissible. Do you mean that the school official acts in the parent's place while being questioned by the police?

 

[Rookie]

Denny, is that policy or law?

 

[J D]

Denny's right. A juvenile rights waiver is required prior to an interview. It is explained by the officer to the juvenile and their parent. The juvenile and parent must also be given a meaningful period of time for consultation prior to finishing the form. I think it's more a matter of case law than policy.

 

[Denny347]

Denny, is that policy or law?

At the very least it is case law.
Still searching but I did find this.
http://www.dphilpotlaw.com/html/interrogation_of_juveniles.html

I think it my be derived/expanded from this:
Right to Counsel:

In a delinquency proceeding, the juvenile is entitled to be represented by counsel who may represent him/her without a conflict of interest. The court can appoint an attorney for the juvenile, without any cost to the juvenile, if the juvenile desires one. If the court does give the juvenile a court appointed attorney, at the time of disposition the court must make a decision whether the parents must reimburse the county for all or part of the cost of the court-appointed attorney. A juvenile can waive his right to an attorney if that waiver is joined by the juvenile's custodial parent, guardian, custodian or guardian ad litem. The juvenile's parent, guardian, custodian, or guardian ad litem may waive the juvenile's right to an attorney if they knowingly and voluntarily waive the right, and if they have no interest adverse to the juvenile, and if meaningful consultation has occurred between them and the juvenile, and if the juvenile knowingly and voluntarily joins with the waiver.

Interesting reading
http://www.scican.net/~morgansup2/delinq.html#3

 

[88GT]

No, actually I wasn't. You said no matter what the situation your children would never be allowed to talk to LE. I asked the "what if" question about an emergency where your child must to talk to a member of LE in order to get help for you. I was interested in your answer, but obviously you aren't willing to have an adult conversation about it, so you accuse me of stirring the pot. I've got better things to do so I'm taking my spoon and going home.

You're splitting hairs for the sake of splitting hairs. It doesn't take much common sense to realize this discussion is centered around being questioned by the police, and to draw from that point that the POLICE are initiating the conversation. Within the parameters of this discussion, there are zero circumstances in which I would find it acceptable for my children to speak to LE without certain adults present.

You're introducing completely different circumstances that have ZERO to do with the context of this discussion. Your example has me or mine initiating communication of a very limited and specific nature, completely unrelated to the original scope of the article posted. But, since you seem intent on making an issue of it, yes, my children would be able to speak to LE and/or other responding personnel for emergency medical reasons.

 

[semperfi211]

http://www.youtube.com/watch?v=cv8sEO0zlX4
This young girl gets an early lesson. Charges were dropped but it doesn't erase his daughters memory and experience with them. How dare he question their authority.

 

[Kutnupe14]

Are you sure about this? I ask because we have "rights waiver" forms that must be signed by the parent in order for the statement to be admissible. Do you mean that the school official acts in the parent's place while being questioned by the police?

Exactly... I was going to say this earlier. We must have parents sign a Juvenile Miranda form before questioning. If an officer starts questioning a child w/o parental consent, consider any statement they make thrown out.

 

[dross]

http://www.youtube.com/watch?v=cv8sEO0zlX4
This young girl gets an early lesson. Charges were dropped but it doesn't erase his daughters memory and experience with them. How dare he question their authority.

It looks more like it's his sister, and there aren't enough details there to know what's going on.

 

[Hotdoger]

Exactly... I was going to say this earlier. We must have parents sign a Juvenile Miranda form before questioning. If an officer starts questioning a child w/o parental consent, consider any statement they make thrown out.

Even if it can be "thrown out", it does not preclude a school offical from acting . IE. calling in outher students, suspensions or any other in and out of school actions. All of which an LEO can gleen information from said school offical and can act on.

 

[Hotdoger]

Are you sure about this? I ask because we have "rights waiver" forms that must be signed by the parent in order for the statement to be admissible. Do you mean that the school official acts in the parent's place while being questioned by the police?

Happens all the time. School officals act on statements from students.

They call in LEOs to act on student statements to avoid the "rights wavier " forms or question the student in front of the LEO to avoid it.

Have you had a school call and not acted on an officals statement to you?