Can a student be questioned about marijuana use at school without his parents present?
There is no state or federal law which prohibits police from questioning a minor without parental consent. Individual police departments may adopt policies that forbid questioning of minors without parental consent. Whether or not statements obtained from minors during interviews conducted without parental consent can be used against minors in court varies by the facts in each case. Parents may instruct their children not to speak with police unless a parent first gives permission, since no one is legally required to speak with the police. A minor is entitled to have his/her Miranda rights read to them as would an adult. If you are being detained (meaning you reasonably don’t feel you are free to leave) by the police and are suspected of committing a criminal offense, the police should inform you of your Miranda rights before questioning you. A minor may invoke their Miranda rights and not make any statement unless they have an attorney present. Also, although a minor may request to ha
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