If The Police Want To Question Your Kid
Wendy McElroy lays out what to do at TheFreeman online:
First, do not expect authorities to respect your parental rights. The mother of the Arvada boy begged the police to allow her to accompany her son to the station when he was arrested; they refused. Your cooperation with police will probably not be reciprocated. Your child does have rights but do not expect to be informed of them.Second: If possible, record the encounter. It is generally legal to record conversations in your own home. In any case, write down the names and badge numbers of attending officers; politely ask for the contact information for their immediate supervisor.
Where's the Warrant?
Third: Before letting the police through the front door, ask to see a warrant or court order. Under some circumstances, the police can forcibly enter your home without such documents but those circumstances are legally few. Even if you are threatened with arrest, stand your ground; demand the warrant. Once an officer is allowed to enter, he has the advantage. In some states he can immediately conduct a weapons search to ensure his own safety. In all states he can unofficially survey your home for clues to lifestyle or possible violations of law.
Fourth: If an officer pushes in, do not resist. Doing so opens you to charges of obstructing justice or assaulting an officer. Passively refuse to cooperate and call a lawyer.
Fifth: Whatever an officer says, you are not compelled to bring your children in for an interview or to allow any questioning without a court order. Nor are you required to speak to authorities. The seemingly harmless information you provide can be used against your child. State simply and as often as necessary, "I have nothing to say."
Sixth: Require the officers to state the nature of the complaint, including the number of the state statute or local ordinance your child is alleged to have violated. Have a copy of your state's laws on hand, much as you might have a phone book or dictionary.
If the Arvada parents had known to follow those rules, their son probably would not be on probation with a criminal record. He would not be a criminal for being a boy.







Thank you.
jerry at March 1, 2011 8:51 AM
Reminds me of the Don't talk to Police video that has been posted here before.
AllenS at March 1, 2011 9:21 AM
It is worth noting that while people fuss and fume about the federal government, in fact local governments respect your "rights" even less.
A local government can seize your land by eminent domain, put you in jail, deny you the right to put a billboard up on your own property, take your children away from you if they are "truant" too often. Until recently, a local government could prevent you from owning a handgun.
Interesting story: When George Bush jr. was part-owner of the Texas Rangers, they forced property owners off their land in Arlington TX by eminent domain (the owners did not want to sell), then built the baseball stadium. Later Bush jr. sold his share for $18 million (Bush jr had borrowed the money to invest, so he never risked a dime of equity).
That's what your local government can do--take your land so Bush jr. can make a fat profit.
BOTU at March 1, 2011 9:48 AM
Of course, the only possible example of eminent domain abuse he can come up with is Bush.
Can't talk about the government of the city of New London taking properties because some company wanted to build a research facility that would generate more tax revenue for the city.
When I was a kid, we were always told we could trust cops. Now I know better. My children (should any ever occur) will be told to treat cops like any other stranger.
brian at March 1, 2011 11:07 AM
The words I request my legal counsel to be present should be one of the first things to come out of you mouth. And you should teach that to you children, too.
I R A Darth Aggie at March 1, 2011 1:11 PM
The critical thing to remember about the police is that they can and will lie to you. They'll say whatever it takes to get you to do what they want. If you're lucky, that's all they'll do. If you're not, they'll lie about what you told them, plant evidence, coerce witnesses, and beat the shit out of you for good measure. A lot of cops are just bullies who want the legal authority to bully people.
jelly at March 1, 2011 2:43 PM
Not all cops are bullies but there is no doubt that the profession attracts its share of people with bullying tendencies, and you never know what you are up against. In addition, a lot of cops don't really know the law. It is to their advantage not to know the law really well because it makes the "good faith" exception to things that are overtly illegal acts, so much easier to get by with. In order to defend yourself you have to know the law.
One of the biggest things a parent should watch out for, is school administrators interrogating your children about possible illegal acts that have occurred on the school grounds, or even outside of the school grounds. Kids should recognize that answering any questions that an administrator might ask about a possible crime is just as good as telling the police. They will use administrative threats to get you to confess, and then when they are relatively sure that you were invoiced in a crime or even know second had about a crime that may have been committed, they will be calling the police. Parents should also be warning their children about these tactics. I had a cousin who had one of her kids pulled in for something like this. The administrator was shocked as hell when she showed up 20 minutes later with an attorney, who told the principal the kid had nothing to say and to submit all questions in writing to the attorney.
Isabel1130 at March 1, 2011 8:35 PM
If you ever have an ecounter with the police or Social Services always be skeptical. We all want to believe that they are here to help us, but that's not always the case. Andy and Barny are probably not the ones to show up at your door anymore.
Scott at March 2, 2011 2:26 PM
In my experience, most parents want to use interactions with police, school administrators, or counselors as a learning experience to reinforce moral values like honesty and integrity. Unfortunately, the lesson may be learned but the criminal and school records remain. A juvenile record never truly goes away; it may be brought up decades later and affect adult proceedings. Kids don’t just get a slap on the wrist and let go – they can be charged with offenses substantially similar to adult crimes that are punishable by similar periods of incarceration. To protect their kids and themselves, parents need to understand their rights and that silence is golden. Most parents probably don’t realize that they can be liable for some things their kids do outside of their presence. Say the kid doesn’t get to class on time (even after parent dropped him/her off, after lunch, recess, or too many sick days, etc) and is routinely tardy. In Michigan, the parent can be charged with a misdemeanor punishable by at least 2 days in jail but no more than 90 and/or up to $50 fine. MCL 380.1561.
I think the article does a good job of covering what anyone – not just parents or children – should do when under police investigation. Sadly, I think it highlights the fact that most Americans have no understanding how to use the constitutional rights that protect them from the government. When the police are asking questions, searching stuff, and arresting people they are executing the will of the government by enforcing its laws. Watch “Cops” and see how many arrested people give a statement (i.e. talk to the cops). Besides being broadcast on national television, that is a recorded statement usable in a court of law. You never have to consent to a search of your person, your car, or home. If the police want to look, they’ll either get a warrant or they won’t. If they don’t get a warrant, you’ll have to fight it in court. But, they don’t need a warrant if you give them consent to search. So when a cop asks, “Can I look in your car for contraband?” Say, no. Common responses to a “No” include: “What are you hiding? It’ll go easier for you if you let us search. If you give me what you got right now, I won’t charge you. If make me go get a warrant, I’m going to tear this car/house up looking for what I know is in here. But if you let me search, I won’t damage it.”
Three pieces of advice on top of what the article suggested: (1) Ask for an attorney … don’t say “I have nothing to say” even that can be construed against you in some jurisdictions; (2) if you don’t follow the police officer’s directions (Step away from the car, Stop shouting, Give me your identification, etc) don’t be surprised if you are charged with obstructing or hindering a police investigation (they like to tack that one on for better plea bargaining); (3) Only the prosecutor can file criminal charges and they are the only people with the power to offer a plea deals or dismissals. Police officers request or seek charges but it’s ultimately up to the prosecuting official.
KMH at March 5, 2011 8:55 AM
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