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  • Police questioning juveniles

    Can the police question a juvenile about a criminal offence if the juvenile waives their rights and the parents also waive the rights but are not present for the interview?

  • #2
    Originally posted by bit_by_k9
    Can the police question a juvenile about a criminal offence if the juvenile waives their rights and the parents also waive the rights but are not present for the interview?

    Tough one, I dont believe an unemancipated minor HAS the ability to waive his/her rights. As far as the Parent's Waiver..as long as it's well documented, i would think so..although if the parent's werent present you might have a problem down the line...they can claim that they would have Invoked, and requested an attorney if they had been there.yadda yadda yadda.

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    • #3
      Depends on the State.......

      In MO, we couldn't advise/question unless parents/guardian were there and we had to clear everything through local Junenile Officer......sometimes they showed, sometimes they didn't.....

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      • #4
        Yes (here at least)if you can show that the juvenile is acting in the capacity of an adult. IE Has children, job, lives on own, etc.

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        • #5
          Here we can question a juvi as a witness etc... No adult needed.

          When questioning changes from investigatory to accusatory and Miranda warnings need to be read the juvi is required to have a parent, guardian or other adult representing him in attendance.

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          • #6
            Originally posted by Bearcat357
            Depends on the State.......

            In MO, we couldn't advise/question unless parents/guardian were there and we had to clear everything through local Junenile Officer......sometimes they showed, sometimes they didn't.....
            If the juvenile is a suspect state law REQUIRES a parent and a Juvenile officer present.

            If the juvenile is a witness/victim I don't need parents or JDO.
            A Veteran is someone who at one point in their life wrote a blank check made payable to The United States of America, for an amount up to, and including their life. That is honor, and there are way too many people in this country today, who no longer understand that fact!

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            • #7
              Originally posted by ray8285
              If the juvenile is a suspect state law REQUIRES a parent and a Juvenile officer present.
              Ummmm....that depends what county you are working in. When I worked for my last agency, our JPO was so busy (he worked 4 counties) that he would verbally let us do our own thing....and we would fax the case file to him. If we were taking someone into Juvenile intake, he would show up and take the ride with us to your facility.........

              The place I worked before that.....we had to wait till they got there.....no exceptions.
              Last edited by Bearcat357; 04-21-2007, 05:18 PM.

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              • #8
                Originally posted by Bearcat357
                Ummmm....that depends what county you are working in. When I worked for my last agency, our JPO was so busy (he worked 4 counties) that he would verbally let us do our own thing....and we would fax the case file to him. If we were taking someone into Juvenile intake, he would show up and take the ride with us to your facility.........

                The place I worked before that.....we had to wait till they got there.....no exceptions.
                The training we had stated it was the state law. Irregardless of the county you had to wait for the JDO and a parent (for suspects only). In Clay we have enough so it makes it alot easier to get them to respond.

                I thought you worked for Pleasant Valley?
                A Veteran is someone who at one point in their life wrote a blank check made payable to The United States of America, for an amount up to, and including their life. That is honor, and there are way too many people in this country today, who no longer understand that fact!

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                • #9
                  Originally posted by ray8285
                  The training we had stated it was the state law. Irregardless of the county you had to wait for the JDO and a parent (for suspects only).
                  Had the same training.....we didn't have enough to go around the second place I worked. First place I worked, they would be there 24/7.....as the Chief JPO use to be a LEO.....

                  Originally posted by ray8285
                  In Clay we have enough so it makes it alot easier to get them to respond.
                  Must be nice....we had a couple for a (4) county area......where I last worked....and a bunch for the first place.....

                  Originally posted by ray8285
                  I thought you worked for Pleasant Valley?
                  Negitive....had a buddy or two there (not the former Chief.... ). I was North of you....straight up 35....and to the left a bit..... Before that....I was straight up 29.....and if you know what me name means....you will know where I as at.....

                  We had to have JPOs if we wanted to dump anyone at your facility.......if we went to Buchanan, they didn't care most times as long as we had the paperwork in order.....but they changed that just as I was leaving. They got someone in charge that knew the law.......

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                  • #10
                    Originally posted by Bearcat357 View Post
                    that....I was straight up 29.....and if you know what me name means....you will know where I as at.....
                    ......
                    Will they be going for a National title again this year?
                    A Veteran is someone who at one point in their life wrote a blank check made payable to The United States of America, for an amount up to, and including their life. That is honor, and there are way too many people in this country today, who no longer understand that fact!

                    Comment

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