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Police procedure question


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It is my understanding that if the police wish to question someone that is under the age of 18, they cannot do that without their parents being there.

 

But if the interviewee is 18 or older, the parents are not required to be there.

 

If the interviewee, 18 years old, wished his parent to be there, and the parent wished to be there, could the police kick the parent out?

 

Murder mystery. He wants his mother to sit in on the interrogation, and the cop said no because he was 18 and an adult. I guess they couldn't say no if mama was a lawyer but she's not. ^_^

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16 minutes ago, Cyrus Cassidy #45437 said:

The question is about an 18 year-old who WANTS his / her parents present in the interview. 

 

"Tough luck, you're a big boy now."

 

 

When I told'em that, they would cry like a child :lol:

OLG 

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I Georgia, you are considered an adult the day before your 17th birthday.  Mommy can sit in the lobby and complain all day while Junior gets interviewed.  Age 16 and under, the interview rules/policies get changed all the time and I haven't kept up with them since my timely retirement.  A lot of juvenile interview "law" is based on circumstances and mental maturity of the juvenile as determined by a judge, months after the interview.  

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36 minutes ago, irish ike, SASS #43615 said:

Heck with the parents being there I want an attorney and I refuse to say anything until I get one. Unless one of the parents is an attorney!


You absolutely have that right, but it's also absolutely irrelevant to the question he asked.

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22 hours ago, Cyrus Cassidy #45437 said:

You absolutely have that right, but it's also absolutely irrelevant to the question he asked.

Might I aske when anyones comment needs to be relevant to the question? I may have missed a meeting. The pages is filled with people offering opinions, what ifs and maybes that have nothing to do with the original post.

Is the new relevancy law shown in the latest shooters handbook? Please provide a reference.

Edited by irish ike, SASS #43615
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2 hours ago, John Barleycorn, SASS #76982 said:

I’ve allowed parent/s to be present when interviewing an 18+ child. It’s better to have  slice of bread if you can’t have the whole loaf. I got the admission and still closed by arrest.

Whatever it takes to get the job done.  If you have cooperating parents, sometimes it works.  Interviews and interrogations is a science all to itself.  Some of the best interviewers we had were the sex crime investigators.  

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13 hours ago, Badlands Bob #61228 said:

Whatever it takes to get the job done.  If you have cooperating parents, sometimes it works.  Interviews and interrogations is a science all to itself.  Some of the best interviewers we had were the sex crime investigators.  

 

Reason #1,678,987 why I have PTSD.

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Yea, I didn't mention that our Sex Crimes Investigators were some of the most twisted people in the department.  You didn't want your cubicle anywhere near their unit.  You wanted to sit near the burglary or auto theft folks.

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My bride is a TV junkie for the Murder and Autopsy channels.
One of the recurring themes:  the perp talks to the cops without a lawyer present.

No offense to any of the LEOs here... but the policeman is not your friend.
If he has you in Interview, there is a good reason why you are there.
You have the right to remain silent, because everything you say can/will be used against you.

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21 hours ago, Badlands Bob #61228 said:

Whatever it takes to get the job done.  If you have cooperating parents, sometimes it works.  Interviews and interrogations is a science all to itself.  Some of the best interviewers we had were the sex crime investigators.  

 

Having heard some of the stories from a guy that did sex crimes I know I'd have never been able to do it.  Listening to some of the unbelievable sick twisted cr@p they had to listen to I'd have never made it.  Some of the stories from child molesters...  I don't know how they could restrain themselves from jumping across the table and choking the ever-loving stuffing out of them.

 

27 years as a LEO I heard and saw plenty of weird and sick stuff that "civilians" find hard to believe, but nothing ever gave me the urge to beat a person into a bloody pulp like some of the sick child molesters.  There's just no way I could sit across a table from one and encourage him to tell his story.  They are wired WAY differently than I.

 

Angus

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No, but, with me it depended on the situation. Have had attorney show up at request of parents and since the suspect, over 18,  did not request an attorney, he don't come into my interrogation room till the suspect actually asked for one.

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5 hours ago, Smoken D said:

No, but, with me it depended on the situation. Have had attorney show up at request of parents and since the suspect, over 18,  did not request an attorney, he don't come into my interrogation room till the suspect actually asked for one.

The attorney doesn't get to invoke the suspect's rights.  He has to do that himself.  I've had several attorney's sitting, fuming, in the lobby while the suspect spilled the beans.  

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That's something I've wondered about.

 

Cop shows. In the middle of their interrogation, the door will swing open and somebody in a suit will come in and tell the suspect, "Don't say another word", and then start in on the cop about, "My client blah blah blah". And frequently the suspect will look up at the guy in the suit and say, "Who are you?"

 

According to the Miranda card that Officer Malloy always used, "If YOU DESIRE and cannot afford one, a lawyer will be appointed..."

 

That just sounds like the suspect has to want a lawyer. Not the suspect's boss. Not the suspect's father. Not the ambulance chaser sitting outside the squad room. The suspect has to want one, and then ask for one.

 

Ain't that the way it works?

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27 minutes ago, Alpo said:

That's something I've wondered about.

 

Cop shows. In the middle of their interrogation, the door will swing open and somebody in a suit will come in and tell the suspect, "Don't say another word", and then start in on the cop about, "My client blah blah blah". And frequently the suspect will look up at the guy in the suit and say, "Who are you?"

 

According to the Miranda card that Officer Malloy always used, "If YOU DESIRE and cannot afford one, a lawyer will be appointed..."

 

That just sounds like the suspect has to want a lawyer. Not the suspect's boss. Not the suspect's father. Not the ambulance chaser sitting outside the squad room. The suspect has to want one, and then ask for one.

 

Ain't that the way it works?

 

Yes

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1 hour ago, Alpo said:

That's something I've wondered about.

 

Cop shows. In the middle of their interrogation, the door will swing open and somebody in a suit will come in and tell the suspect, "Don't say another word", and then start in on the cop about, "My client blah blah blah". And frequently the suspect will look up at the guy in the suit and say, "Who are you?"

 

According to the Miranda card that Officer Malloy always used, "If YOU DESIRE and cannot afford one, a lawyer will be appointed..."

 

That just sounds like the suspect has to want a lawyer. Not the suspect's boss. Not the suspect's father. Not the ambulance chaser sitting outside the squad room. The suspect has to want one, and then ask for one.

 

Ain't that the way it works?

 

Court appointed attorneys are appointed BY THE COURT.  That means it never happens the way you described it in TV shows.  The suspect must be arrested (sans confession), and taken before the judge on the following business day to enter a plea of guilty or not guilty.  It is during this appearance the defendant can request an attorney.  The court assigns one from the Public Defender's Office or even from the private sector (paid by the state), but the attorney and defendant may not meet one another for several weeks.  

 

You are correct regarding the Miranda warning.  *IF* the suspect wants an attorney, all questioning must cease until they either hire one or the court appoints one.  After that time, the police are going to try to interrogate ("interview") the suspect, but there is no way the attorney will ever allow it.  

 

Good police work is telling the suspect everything to make it fair -- reading the Miranda warning directly off the card their police academy gave them -- and then convincing the suspect to answer questions anyway.  95% of the time, they do.  It's usually because they think they are more clever than the cops.  What they don't realize is that I was documenting every body movement, micro expression, change of voice pitch, etc. to prove lies :) 

Edited by Cyrus Cassidy #45437
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Watching a bunch of "bad"cop videos on YouTube I have learned the following;

The Supreme Court advises that you do not talk with cops. You're not legally required to. Get a lawyer ASAP.

When approached ask if it's a consensual conversation. Meaning you can end it at any time.

How many cops think you can't invoke the 5th amendment unless you've been arrested. As in you have to answer my questions.

Most don't know that ID isn't required unless you have RAS based on a crime potentially being committed or has been. The first thing out of cops mouth is, 'do you have ID? In some states you do not have to provide ID unless you've been lawfully arrested.

If they ask you a question you reply, 'I don't answer" questions. They're fishing.

They don't know the Supreme Court has ruled that the "I smell marijuana is no longer probable cause for search'.

If they detain you immediately invoke the 5th, 6th, and 4th amendments. 

There's a bunch more.

The real eye opener is most cops don't even know the ID laws for their State or they choose to ignore them.

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9 hours ago, irish ike, SASS #43615 said:

Watching a bunch of "bad"cop videos on YouTube I have learned the following;

The Supreme Court advises that you do not talk with cops. You're not legally required to. Get a lawyer ASAP.

When approached ask if it's a consensual conversation. Meaning you can end it at any time.

How many cops think you can't invoke the 5th amendment unless you've been arrested. As in you have to answer my questions.

Most don't know that ID isn't required unless you have RAS based on a crime potentially being committed or has been. The first thing out of cops mouth is, 'do you have ID? In some states you do not have to provide ID unless you've been lawfully arrested.

If they ask you a question you reply, 'I don't answer" questions. They're fishing.

They don't know the Supreme Court has ruled that the "I smell marijuana is no longer probable cause for search'.

If they detain you immediately invoke the 5th, 6th, and 4th amendments. 

There's a bunch more.

The real eye opener is most cops don't even know the ID laws for their State or they choose to ignore them.

Almost 'rite'. ;)

You must show a driver license if you are stopped while driving.

OLG 

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15 minutes ago, The Original Lumpy Gritz said:

You must show a driver license if you are stopped while driving.

Yes, but the officer needs to tell you why he pulled you over "before" you surrender your license. The still need to identify a traffic violation or RAS for a crime. There's a lot of videos out there where cops pull people over for BS reasons.

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