Legal Question in Criminal Law in Tennessee

Use of evidence when minors are not informed of rights

Can evidence involving possession or simple consumption of alcohol or drugs (marijuana) or drug paraphernalia by minors (15-17 years old, in this case) be used against them in court if the children were not informed of their rights, and did not have a lawyer or parents present? In a related question, can that evidence be used if the police report and other information is divulged by the police to persons other than the children's parents and guardians?


Asked on 4/17/03, 10:14 am

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Use of evidence when minors are not informed of rights

It depends. To get a meaningful answer you need to speak with an attorney about the specifics of the case. If the evidence is something the arresting officer saw the kids with (such as he saw they smoking marijuana and stopped them for that and arrested them for it), then it can come into evidence and be used against them. If, on the other hand, the officer stopped them for no reason and asked them questions without taking them first to their parents, and then held them in custody overnight without telling them they had the right to an attorney, and finally forced them to tell him where they had their drugs and paraphernalia hidden, then no, that evidence should be kept out of court if a proper objection is made.

Get a good local attorney to represent them, someone who can review all of the facts.

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Answered on 4/20/03, 8:56 pm


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