Legal Question in Criminal Law in Minnesota

Can a police officer give a minor their Miranda rights without a legal guardian present?

Asked on 11/26/13, 7:47 pm

3 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Yes. Police only need give a Miranda rights advisory if (1) the person to be questioned is "in custody;" and (2) the police officer is asking questions. Both must be the case before a Miranda warning is required. This applies to minors, as well as adults. An adult can refuse to answer police questions. An adult can refuse to answer police questions also by asserting their 5th Amendment right to refuse to answer, and their 6th Amendment right to legal counsel first. A juvenile can do the same - but has an additional ground. A juvenile can also refuse to answer questions until a parent is present. Hopefully the parent will then help assert these rights to refuse questioning. Police are not required to advise the juvenile of their right to refuse questioning without a lawyer and a parent present. But if the juvenile knows this, they can assert these rights.

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Answered on 11/27/13, 6:18 am
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Hello. The general answer is 'yes', but more detail needs to be know in order to provide additional comment that is responsive to your personal issues and concerns. Turn to your attorney so she/he can assist you and advise you. Tricia Dwyer Esq at 612-296-9666 Tricia Dwyer Esq & Assoc PLLC

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Answered on 11/27/13, 7:43 am
Maury Beaulier612.240.8005 Minnesota Lawyers

Yes. There is nothing that precludes an officer from questioning a child without the parentis being notified or present.

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Answered on 12/02/13, 6:54 am

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