Yes. As a former juvenile delinquint, I was questioned, as a minor, without parent presence. They still must read Miranda rights if an arrest has been affected, however, since most minors won't understand, those rights must be explained in a way that minors would understand.
You do have some recourse, however. Since you imply the letter was forged, you can hire a handwriting expert (not terribly expensive, by the way) to prove the signature is forged. At that point, you can then file charges for false arrest (if an arrest was affected), or filing a false police report (that one might be a joint accusation to both the principal and the 5th grader.)
I would certainly hope the person who forged a note and falsely claimed it was from your daughter was marched through the halls by the same policeman who escorted your daughter. And I hope the parents were called in for that one, because there was genuine wrongdoing going on there. Maybe they can talk sense into that girl before she becomes another Duke lacrosse accuser.
#1 If the child is not riding on the bus where it is claimed a note was passed, then the person on the bus would be a liar and the probable video on the school bus should show it.
#2 I think the school has a list of who travels on buses.
If she doesn’t ride the bus, the school employees should have already known or been able to look the information up.
I’d sue the parents of the child who made these claims, especially if she is never on the bus.
I guess the fifth grader wasn’t bright enough to notice that your daughter doesn’t even ride the same bus! That’s a pretty dumb lie. I get the impression that the cops knew this too but had to investigate it ANYHOW because of some dumb regulation, which is why they told your daughter she needn’t even go with them.
I would as soon as possible speak to an attorney regarding this issue. Things might be different in different jurisdictions, but I would want to find out from an attorney if your county/state has laws regarding the necessity for a parent or other adult representative being present when a juvenile is being questioned about a possible criminal act. Yes, juveniles can be questioned by police when that juvenile is not the subject of an investigation. But, in your case the focus of the police was directly upon your daughter, and an adult (parent or other) should have been present before police questioned her. I’d be mighty P!SSED if that were my child.
Well, what if your daughter finds a note in her desk tomorrow that reads: “I heard you were questioned by the police. You must be a very bad person. I am going to kill you” signed Joe Blow (another student at the school). Wouldn’t you want the cops to investigate him?
I believe they can question her as described however, school administration are quite often complete cowards and if you approach this right, you should demand at least a public apology to to from the principle and those involved on the basis they didn’t contact you and caused your daughter mental duress.
If it is an overtly liberal school, accuse them of bullying, sexism, and harming your daughter’s self esteem and you may get some compensation.
Excuse the wise-@$$ reply, to a real predicament and a really incompetently handled situation that has devastated your poor daughter, but I’m being serious:
What can you do?
HOMESCHOOL
I do not believe that a child can be questioned on a criminal matter without you or a lawyer present. You need a bulldog lawyer who will crawl up that principals ass and start swinging a mace around.
For the life of me, I can’t fathom why you are asking strangers what to do.
Since you did post this thread here is my opinion you can mull over or just pass by.
#
OPINION:
Contact the school principal and STATE to the principal what you want to do which is:
1. See the child who allegedly spread false accusations suspended.
2. Move your child to another school.
3. You will be contacting an attorney to review this incident with him/her. The attorney may/may not be in touch with the school.
4. Contact the police department and speak with an officer regarding your options on filing a report on the child who allegedly lied to the police about your child.
~
Now, why don’t you and your spouse sit down and ask yourselves why you want your children in public school?
I don’t know anything about how to handle this situation, but don’t let it go.
I would talk to the principle and find out why your daughter was questioned with you present especially since if the principle had done his/her job, it would have been clear that your daughter could not have been involved.
I would also follow up with the police and file a complaint that your daughter was questioned without your consent or knowledge.
And I would contact a lawyer, and make sure that the school district know you have contacted a lawyer. They appear to have really screwed up in this case.
Tell your daughter to remain silent. Do same.
Let them file a charge, otherwise only say “have a nice day” to any cop or psychologist or other helpful individual that surely shall present.
Anything you or the child gives will be used against you. The smaller the department and the dumber the cops, the larger will be your legal expense. Give not spit up front, make them come foreword first with specific charge and evidence.
Also, it doesn't sound like the letter itself indicates to whom the threat is being made.
I have no clue what to do, but this is what I would do...
1) I would be FURIOUS that my child was questioned without some type of advocate there with her (preferably a parent). It just seems veeerrry intimidating. Not sure what the law requires for this, but I would find out. If there was no protection for children to have an advocate present when being questioned by the police, I would work to make it law.
2) I would contact an attorney.
3) I would contact the school authorities.
Personally, if it were me, I would see about talking to an attorney.
This is pisspoor police work.
Before even thinking about questioning your daughter, just because her name was “signed” to the note, the police should have checked out some basic facts in the story first. Such as whether or not your daughter even rides the bus, nevermind the same bus, as the alleged victim. Further, they could have asked a teacher possibly to provide them with a sample of your daughter’s handwriting to compare to the note.
There were probably several other things they could have checked out before deciding to confront your daughter, especially before having a uniformed, known police officer confront her at school. Could this really not wait until the end of the school day?
this is just sick
it would never have happened in a nice catholic school.
only government employees can be this bureaucratized and callous.
I would question the identity of the police officer.
What respectable law enforcement officer would have a child enter a classroom to ask another student to come out into a hallway to then be questioned by a policeman.
The next question would be to the school authorities. Why would they ask students to act as Kapos?
They should have confirmed the details of the charge before publicly taking her into custody.
The cops and the school officials are stupid and are now only thinking of covering their asses. You'll get no investigation now, unless you sue.
A jury will be really interested to hear how the cops explain how she harassed a student on a bus that your daughter never rode.
It is likely the school bus system has records of all the passengers, everyday. Use them