Watertown, NY asked in Civil Rights, Education Law and Juvenile Law for New York

Q: Is it legal (NY) for a police officer to examine and question a minor (13 years) without parent consent or presence?

My 13 your old son was at school complaining of headaches and was sent to the nurse's office. When examined by the nurse, his eyes weren't reactive to dilation. A police officer was called in and examined my child and further questioned him about drug use (was he taking drugs?, etc.) I was not notified to give consent nor was I present, obviously. My child felt humiliated and also afraid to ask for me to be present as he feared that the officer would think he was lying by asking for his mother. Was/is it legal for that officer to examine him and also further questioning him about a sensitive subject such as drug use without my consent or me being present? My son and I both feel and felt violated and I admit, I'm a bit angry that my "clean" child (proven by me-and his pediatrician stated that may be a neurological problem and I now have a referral to a neurologist) was fearful and not given the chance to have me, his mother present. Please advise...thank you!

-Angela

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
Answered
  • Education Law Lawyer
  • New York, NY
  • Licensed in New York

A: This sounds legal. Your child should be familiarized with his civil rights. See: https://www.aclu.org/issues/free-speech/student-speech-and-privacy

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