Q: Can the police take my minor into custody without having evidence against him. And not telling me what's hes being take
Police searched my apartment saying they're looking for a gun but no gun was found and they still took him into custody
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- California
- (916) 704-3009
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- Answered
A:
Yes, police can take juveniles into custody based on reasonable suspicion or probable cause, even without immediate physical evidence. They must, however, notify parents or guardians about the arrest and inform them where their child is being held - this is your legal right as a parent.
You should immediately contact the police department to get complete information about why your child was detained and where they are being held. Consider requesting the police report and any documentation related to the search warrant, if one was used for searching your home.
Your next step should be to contact a criminal defense attorney who works with juvenile cases - most offer free initial consultations. Until you speak with an attorney, tell your child not to answer any questions from law enforcement without legal representation present. Remember that juveniles have specific rights under California law, including the right to have a parent or attorney present during questioning.
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