Posted by Dave on 7/22/06

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My 17 year old son was arrested for possible drug use and
sale. Murrieta, California Police Department

I received a call from the police 2 hours after they
arrested him. I went to the police station and they (the
police) refused to let me see my son.

After making me wait for 30 minutes. Only allowed to
speak to a voice on an intercom located on the lobby
wall. An Officer finally spoke to me.

They said they could keep him up to 6 hours without
allowing me to see him, while they conducted their
investigation.

They told me he had agreeded to answer their questions
without a parent present. I asked if he had signed
something to that effect and was told he refused to sign a
paper that would state his consent to no parent being
present during questioning.

Then they told me he had agreed to have the police search
his room in our home. The police informed me I could
agree or to allow them into my home to perform the seach
of his bedroom, or they would get a warrant, further
delaying when I could see my son, and then would search
the entire house.

So my question(s) is:

1) When a minor is arrested how long can the police hold
the minor before notifying a parent?

2) When a minor is arrested how long can they refuse to
allow a parent access to their minor child?

3) Can a minor actually give consent for the police to
perform a search in their parents home?

4) Can information abtained from a minor be used against
them if the minor did not have a parent present during
questioning.

5) Are minors to be informed of their rights, miranda or
otherwise, when arrested? Such as you have the right to
have a parent present when questioned.

While my son my be guilty of using pot, when arrested, he
was not in possion of any drugs. The police have kept his
cell phone stating that there are text messages that
indicate drug selling.

I feel as though my son was railroaded by the police
department. I feel as though the police we not very
prompt in notifying me they had arrested my minor son. I
feel as though without just cause I was not allowed to see
my son or speak to him. I feel as though the police (3
uniformed, 1 plain clothes inside, and a 4th plain clothes
outside) bullied their way into my home and performed an
illegal search (finding nothing.

So... were the police correct in how this incident was
handled?

Can the police keep a parent from seeing an arrested minor?, 7/22/06, by Dave.

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