Is this true everywhere in the US? People always say it on tv shows but when I was researching for my current story, set in Pennsylvania, Google told me that it's not against the law for police in Pennsylvania to question underage witnesses (or even suspects) without a parent present.
Google isn't always right, though. So I'd love to get some clarification on this, if anybody has some, and I hope the OP doesn't mind me butting in to ask.
Cheers.
The answer is complicated. The general rule for minors is you need a parent. But ...
First question is what happens if you violate this rule. Only consequence is the statement might not be admissible in court. And for various reasons, you might not care whether it is admissible.
Second question is whether the minor is a suspect or a witness. Basically, witnesses are not given Miranda warnings while a suspect is. And this goes even further as to whether the suspect is in custody or not. But courts have determined that there is a minimal need to protect the Constitutional rights of witnesses. So a child witness can be interviewed without parental consent without too many problems. However, most police departments would prefer have a parent there.
Third is whether the parents are causing obstructions for reasons other than the child's best interests. For example, dad is accused of whacking mom with the child's assistance. Obviously, dad is not going to want the kid talking to the police for his reasons, although there are reasons why the child should not talk with the police as well. So there are various ways to work around the parental requirement.
Fourth is location. Casual interviews at the scene are viewed by courts a lot differently than formal interviews at the police station. No one would expect the police to find the parents of the kids at a playground who just witnessed a drive-by. Obviously the kids could tell the arriving officer everything that happened.
Fifth is the age of the child. This depends upon the circumstances and there are no general rules.
And to get back to the OP. Police departments, especially in the initial stages of an investigation, only release information to witnesses and suspects as needed to further the investigation. For example, a witness might be shown the police crime scene photographs to confirm that it is accurate as to what was there when the witness was there. But you should be starting with the reason why the police would show the pictures or tell the witness something, and then back into the requirements for child witnesses/suspects.
Best of luck,
Jim Clark-Dawe
