Minors - Can a 16 year old be questioned without the presence of a parent?
Can a minor's statement be used without the minor's permission?
Question
Can a 16 year old be questioned without the presence of a parent?
Can the police use a minor's statement in court or to incriminate someone?
Do the police have to ask you if they can use what you say as a statement?
Answer
I believe that attempts need to be made to have a parent present during
the questioning of a minor. However, In People v. Givans, 227 Mich
App 113, 121 (1997) the Court listed factors to be considered in applying
the totality of circumstances test for determining admissibility of a juvenile's
confession. One factor is the presence or absence of a parent or guardian.
In People v. Hall, 249 Mich App 262 (2002) the Court upheld the admissibility
of the juvenile's confession even though no parental figure was present..
A properly obtained statement may be used in court, permission is not
required.
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Last Updated: 12-19-02
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