Expert: Jack Toomey - 9/14/2007

Question
Hi,
We live in Tn. I was called to go to the police station because my 17 year old son was there to be questioned and they cannot question a minor without a parent or legal guardian present. He was cited to court for accessory to breaking and entering. Please understand my son was asked to take this boy to his girlfriends house so he could get his IPOD. He had no idea he was planning to break a window and enter the house. To make a long story short...this boy told the police my son didn't know what he was doing, he only asked him to take him there so he could get his IPOD. My son was told to drive his truck to the police station, the boy was arrested and taken straight to jail (he is 18). The police waited until I arrived before they questioned my son in my presence. After we left, my son told me the officer made him strip down and he was searched. My question is: is that legal for an officer to do that, he is a minor...17 yrs old....and they couldn't even question him without my presence, how is it they can make him strip down naked and search him?? It wasn't like it was a big drug bust or something. And the boy even said my son didn't know that he broke into the house.
Thanks for you help,
Sharron

Answer
Sharon,

  I am not sure where you got the idea that the police cannot question a seventeen year old without his parents presence.  The Supreme Court has ruled time after time that there is no set age for the police not to question someone.  What the court said was that the teenager must understand his rights and be allowed to call his attorney or his parents for advice if he asks for it.  

 About the strip search.  I would imagine that the police in your juristiction have a regulation that they strip search anyone under arrest for a serious crime.  I am not defending them but even people charged with jaywalking can conceal dangerous items underneath their clothing so this is probably why they did it.  However instead of asking me why they did it (and I live 1000 miles away) why don't you ask the police why they did it?  I am sure that they would be happy to discuss it with you.

    I don't see a question where you are telling me about your son being charged with burglary but in similar cases every police officer that I know, including myself, would charge the driver in a burglary despite what the other person said.  Too many people covering up for their friends.  The driver always gets charged because judges and juries never believe that the driver was not aware of the crime.