Miami, FL asked in Constitutional Law, Education Law and Juvenile Law for Florida

Q: Can a school or official and a school police officer question of 15-year-old about a allegation that happened off school

The allegations was alleged to happen off school grounds and supposedly reported to the city police department the minor was questioned without his parents being there or aware of situation

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In the United States, the rights of minors during questioning by school officials and school police officers can vary depending on the state and the specific circumstances. Generally, school officials have some authority to question students about incidents that may affect the school environment, even if they occurred off school grounds. However, the scope of this authority can be limited, especially in cases involving potential criminal conduct.

For a 15-year-old being questioned about an incident that reportedly happened off school grounds and was reported to city police, there are considerations regarding the minor's rights. While school officials may inquire about matters impacting the school, the involvement of law enforcement, like a school police officer, can change the situation, especially regarding the need for parental notification and the presence of a guardian or attorney during questioning.

If a minor is being questioned about a potentially criminal matter without a parent or guardian present, this could raise concerns under the law. Parents typically should be notified if their child is being questioned in connection with criminal allegations, particularly if law enforcement is involved.

If you find yourself or your child in such a situation, it may be prudent to seek legal advice to understand your rights and ensure they are protected. A lawyer can provide guidance on how to proceed, especially in situations where the rights of a minor may be at stake.

Charles M. Baron agrees with this answer

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