Can police question a minor without a parent present?

Yes. However, in some instances, a judge may rule that any comments made without a parent present are inadmissible depending on the circumstances.

All suspects, regardless of their age, must fully understand and waive their right to an attorney and right to remain silent guaranteed by the Fifth Amendment to the United States Constitution. These are known as Miranda rights.[1] Expressing the right to have an attorney, for example, means the officers need to stop any questioning. However, simply requesting a parent is not sufficient to trigger the rights guaranteed by Miranda.

When a minor is interrogated, judges look at a variety of circumstances when deciding whether statements made without a parent present are admissible in Court. Some of those circumstances include age and maturity, intelligence and education, and prior criminal experience.[2]

Balancing these factors can be complicated. For example, the Minnesota Supreme Court found that the police crossed the line when securing a Miranda waiver from a 16-year-old boy, after he repeatedly requested his mother and officers misrepresented some information during the interrogation.[3] The Minnesota Supreme Court has also ruled that a 15-year-old’s single request to have his father present did not invalidate his statement to officers.[4] Ultimately, whether a prosecutor can use a statement against the minor depends on the unique circumstances of each case.

As a minor, it is easy to feel indefensible. If you feel like your rights were violated, we are here to help you understand your options.

Today, it is not enough to simply know your rights; you need to understand how Courts have interpreted those rights in the past to understand how they apply to you today.

To protect your freedom, understand your rights.

Legal Disclaimer: This information is provided for educational purposes and is not legal advice. If you have questions regarding a legal matter, please contact our office for assistance or reach out to an attorney who may be able to help you understand how the law may apply to different circumstances.

[1] What Are Your Miranda Rights? (mirandawarning.org)

[2] State v. Hogan, 212 N.W.2d 664, 671 (1973)

[3] State v. Burrell, 697 N.W.2d 579 (2005)

[4] State v. Fardan, 773 N.W.2d 303 (2009)