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Lzen
03-05-2007, 04:07 PM
I know there are several attorneys on the Planet and thought you guys could maybe help me decide which direction to go. Here's the situation.

My 14 year old son has this friend who he has become good buddies with in the past year. This friend was apparently accused of threatening to shoot another kid at school. Apparently, this friend and another of my son's friends were taken in and questioned by the school's police officer last Friday. I asked my son if he knew anything and he assures me that he doesn't know anything. He hasn't even talked to the accused since this all first happened. Apparently, the kid hasn't even been in school for a few days - they called him and his parents in there on Friday when he was supposed to be home sick.

Now, the Mrs. and I have been a little unsure of this kid since my son started hanging out with him. Still, he hasn't given us anything concrete to deny them time together. At this point, I am unsure of whether he is guilty of making any threat. If he did, was he just being a normal kid when they say stuff they don't really mean? Who knows?

Today, they called my son in to talk with the officer not once but twice during the school day. My son told him that he didn't know anything. The officer was accusing my son of lying and threatened to send him to jail, etc.....all that BS police scare tactics. Later when my son and the other friend talked, they discovered that the officer was making up stuff to try and pit them against each other.

I called the school. The officer had already gone home for the day so I talked to the principal instead. He said he didn't know anything because he wasn't present when the officer interviewed my son. I told him to have the officer call me when he gets in tomorrow and that I didn't want my son being questioned any more unless I am present.

My question would be can they really question a juvenile without a parent or guardian? I understand that they have to be careful about this kind of thing after all of those school shootings. Still, this ticks me off. I know my son would never think of being involved in anything like that. Maybe he's just the victim of hanging out with the wrong kid. I don't know. Any advice would be appreciated.

kepp
03-05-2007, 04:52 PM
Wow...sounds pretty out-of-bounds to me. Can a school give permission for a kid to be questioned without his parents/guardian present? I would think not.

Disclaimer: I am not a lawyer so I don't know anything. I'm just speculating.

BIG_DADDY
03-05-2007, 05:03 PM
I have no legal advise but I will tell my son at a very early age that if a cop starts questioning you to just say you're not allowed to answer unless one of your parents is there. Problem solved. I would be pissed if I was you.

Cochise
03-05-2007, 05:08 PM
It sounds like he was making voluntary statements to the police. He can stop answering questions at any time.

BIG_DADDY
03-05-2007, 05:21 PM
It sounds like he was making voluntary statements to the police. He can stop answering questions at any time.

It's the threatening nature I wouldn't like. It's important for kids to know their rights and how to handle things. It's hard though when the great majority of adults are clueless. Any episode of cops would clearly show that.

My godson was jacked up by a cop that accused him of threatening some old lady. He told the cop if he wasn't under arrest he had nothing to say to him. He said if he was under arrest he would like to call his mom. Cop got all pissed that he wasn't able to intimidate him. This was the 2nd time something like this happened.

88TG88
03-05-2007, 05:27 PM
I was questioned at school by a cop and they didn't call my parents or anything. I guess since its in school they don't have to follow city laws just the school district's rules (which are pretty tough for gun threats).

BIG_DADDY
03-05-2007, 05:37 PM
I was questioned at school by a cop and they didn't call my parents or anything. I guess since its in school they don't have to follow city laws just the school district's rules (which are pretty tough for gun threats).

I was a dick when I was in school. I got questioned by a cop once at 15. He thought I was involved in selling drugs. He told me to tell all my friends that he has been hired full time by the Medford police department to bust them and has all this high tech equipment to it. I told him to go tell them himself, I wasn't his errand boy. The Dean got all pissed at me and told me to show more respect. I said **** him he is the one that came in here making a bunch of wild accusations if he had anything he would have already busted me. I got suspended for saying that. I never saw that cop again.

Extra Point
03-05-2007, 05:47 PM
No peace officer nor public servant is authorized to search through anyone's s*** nor ask anyone questions without a warrant. I'm not a lawyer, but I "caused" the early retirement of a teacher who accused my kid of stealing and ransacked my kid's purse, finding nothing. The teacher's little "minion "was actually the culprit. Not a fun parent-teacher-principal conference.

I know this isn't going to sit right with many, but I was once young and dumber, and did a long list of s*** noone found out about. When my kid is suspected of f***ing up, I lean toward the suspicion of him/her when he/she is suspect. I am not a "Johnny would never do that" kind of parent, because that is so naive. If my kid can stand up to my scrutiny, he/she can stand up to anything.

Lzen
03-05-2007, 11:06 PM
I am not a naive parent that thinks my kid would never do anything to get into trouble. I did my fair share of stuff when I was young. A lot of it I never got busted for. That's not the point. I am pissed that my son told the cop he didn't know shit and the cop threatened him. If the cop had asked him and just accepted his reply, I would have absolutely no problem. I am of the opinion that most cops are decent and are just trying to protect and serve. But there are those that abuse that power that is given to them. I am thinking this may be one of those. I will know more when I speak to him myself tomorrow.

Jenny Gump
03-05-2007, 11:10 PM
I was a dick when I was in school.

Really?

boogblaster
03-05-2007, 11:22 PM
No one can question your child without your permission or presence ..thats the law ....