Introduction
Many parents in the state of Arizona share the same concern: will police question my child without my consent? Minors can often be unaware of their rights and may not know how to properly interact with police, which is why it is important to know where the State of Arizona stands on this issue.
The simple answer is, it depends on the situation. Below are some of the most common circumstances when this situation arises and what Arizona law says about the rights of minors and their parents.
The Case Involves the Minor’s Parents
Several situations might encourage police to interview a minor when their parents are not present. Most commonly, this is because the police are seeking information in a child abuse case or another criminal case that involves the minor’s parents.
In these situations, law enforcement can interview a minor without parental consent. If the minor is at school at the time, the school must comply with whatever directive the interviewing officers set in place.
While there are no case laws or statues that directly apply to this situation, it is important that officers and school officials do everything in their power to ensure public safety. Additionally, A.R.S 15-341(A)(1) does require school policies be in-line with the law.
The Minor is a Witness
If a minor is a witness to a crime not involving their parents, then the issue becomes more complicated. There is no Arizona law requiring parental notification, but schools may have policies that do. Schools are granted this right by Campbell v. Harris.
The Minor is a Suspect
There are different types of suspects, which means the law in this situation is also complicated. If a minor is suspected of a potential crime that could endanger the public, law enforcement has the right to interview that minor without parental consent. Parental consent is not required in this situation because gaining consent would delay the process and could further endanger the public.
On the other hand, if a minor is suspected of a crime committed in the past, the minor has more rights. They have their Fifth Amendment right, as given to them by State v. Maloney. They also have their Miranda rights, which are provided by Miranda v. Arizona.
If a minor does confess, it is considered involuntary. The State is then required to show evidence in court that the confession was made voluntary, as dictated by State v. Jimenez. The absence of a parent makes this point harder to prove, which is why most law enforcement agencies do notify parents. However, it is not required by law. (Goddard, Terry)
Overall, questioning of minors in the State of Arizona by law enforcement officials is a complex issue. Each situation may be viewed differently, which means that different statutes and laws will be applied to each case. It is important to speak with school officials to find out their policies on the matter, as well as inform your minor of their Fifth Amendment and Miranda rights. The more they are informed, the better they will understand their rights and can stand their ground, with or without you present.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.