Legal Question in Criminal Law in Wisconsin

criminal / family

In the state of wisconsin,can a detective question a minor without a parent's consent ?


Asked on 1/15/09, 9:35 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Criminal Law, Law Enforcement Interview of Minors

Officers routinely interview minors during criminal investigations without the permission of their parents. I do not know of any law which prohibits this, although there may be specific statutory authorization allowing it. However, due to a recent WI Supreme Court decision, in order for officers to use confessions taken while the minor is in custody, the interview must be videotaped. Statements taken from minors are also more likely to be disallowed by courts on the grounds that the statements were obtained under coercive circumstances. One consideration there is whether or not the minor was deprived of parental advice. This is not intended as legal advice for you; you need to obtain and consult with your own attorney before you make any decisions.

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Answered on 1/18/09, 1:21 pm


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