Legal Question in Criminal Law in Indiana

Are the police aloud to question my 17 yr son without my permission?


Asked on 9/29/10, 7:25 am

1 Answer from Attorneys

Jorge GEORGE Rodriguez Law Offices of Jorge "George" Rodriguez

Not in Indiana. The police are not allowed to question a minor child about a criminal or delinquent offense without their parent's both present and waiving the child's right to remain silent. And that waiver is only valid after a "meaningful consultation" between the child and the parent. Otherwise what the child says cannot be used against them except for impeachment. Basically any rights guaranteed to a child under the Constitution of the United States, the Constitution of the State of Indiana, or any other law may only be waived (1) by counsel retained or appointed to represent the child if the child knowingly and voluntarily joins with the waiver; (2) by the child's custodial parent, guardian, custodian, or guardian ad litem if: (a) that person knowingly and voluntarily waives the right; (b) that person has no interest adverse to the child; (c) meaningful consultation has occurred between that person and the child; and (d) the child knowingly and voluntarily joins with the waiver; or if the child is

emancipated.

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Answered on 10/09/10, 6:59 pm


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