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Teen Privacy Rights During Police Questioning
Minors have a right to privacy, especially when it comes to being questioned by the police. It can be a frightening and stressful experience for anyone to be confronted by law enforcement, especially for a young person. It is important to understand and protect the privacy rights of juveniles during these interactions. As an Orange County juvenile defense lawyer, the Law Office of Katie Walsh can explain your son or daughter’s rights to you as well as answer any questions you may have.
What Are Privacy Rights?
There is no official “right to privacy.” However, the fourth amendment of the US Constitution protects people from unreasonable searches and seizures, and this right extends to teenagers as well. This means that the police cannot search a teenager’s belongings or person without a warrant or probable cause. Additionally, juveniles have the right to remain silent and cannot be forced to answer questions that may incriminate them.
Understanding Custodial Interrogations
When it comes to the legal protections of our youth, understanding their rights during police questioning is essential as they have extra protections in place. In Orange County, California, people age 17 and younger are legally required to have their attorney present before being interrogated by the police while in custody—this is also known as a custodial interrogation. This means that your child cannot waive this important right. The police regularly dupe adults into waiving their right to have their lawyer present. The law does not allow this to happen for juveniles. Finally, there are some exceptions to this rule. For example, the police may question a minor without their lawyer in an emergency situation or where there is some concrete reason for urgency.
Having an Orange County juvenile defense lawyer present during a custodial interrogation can provide several benefits. First and foremost, the Law Office of Katie Walsh will ensure that your child understands their rights and the potential consequences of their statements. As our lawyer, she will guide your child on what to say and what not to say, minimizing the risk of self-incrimination. Additionally, your attorney will ensure that the police conduct the interrogation within the boundaries of the law. This is sadly a common problem when a lawyer is not in the room. Your defense attorney will challenge any coercive tactics or violations of your child’s rights, ensuring that the interrogation is both fair and lawful. Katie Walsh can also help clarify any confusing legal jargon and explain the general legal process for Orange County’s juvenile justice system.
Are Things a Juvenile Says to Police Under Interrogation Private?
No, police interrogations are generally not private. The police have the authority to question a teenager in a variety of settings, including at the police station, at school, or even at their home. Also, it is common for the police to record the interrogation and use it against the teenager in court. Your child’s statements are not private.
Your Friendly Orange County Juvenile Defense Lawyer
At the Law Office of Katie Walsh, we are committed to providing the best possible legal representation to juveniles in Orange County. As a trusted, experienced, and compassionate Orange County juvenile defense lawyer, our office is dedicated to protecting the privacy rights of teenagers. To get your questions about teen privacy rights answered, contact our staff now.
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