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Edited by A Good Troll:
1/31/2013 5:55:34 PM
9
Everyone needs to keep in mind the kid that lost the five bucks says that this kid and another forcibly reached into his pocket and punched him in the face for his money off-school grounds reportedly - which is why authorities were called and not the school.
[url=http://blog.al.com/wire/2013/01/family_now_suing_nypd_after_ha.html]Source[/url]
[quote]That child gave a different account, telling the New York Daily News that Wilson and another boy approached him and both reached into his pocket before Wilson struck him in the face.
Wilson was the worst bully, Seth told the News. He would call me names. He would punch and kick me. I wish they never took the cuffs off of him[/quote]
English
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Just so I get this right, the kid who was cuffed punched another student?
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According to the victim, the kid in question and his friend ruffled through his pockets, punched him in the face, and took his money. Not the "found the money on the ground" story that the kid suing says.
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If the victim is telling the truth then that kid really needs to change his behavior before he really turns violent.
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That doesn't excuse the police for cuffing him and detaining him for even an hour. The issue here is why the police acted so excessively. He's 7. They should have taken him home and told his parents what happened. Then took the report from all parties so the parents of all the children can work it out between themselves. Cuffing and interrogating the kid? Please.
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They probably would've avoided the suit if they had just taken him straight home.
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Edited by A Good Troll: 1/31/2013 6:22:29 PMThere is't an age limit to arrest or anything like that. Nor do they have to inform the parents before arresting. Only a minority of states and no federal laws prevent minors from being interrogated.
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Both articles mention that. He was cuffed and interrogated. His mother wasn't notified until sometime later, when she came to the station she was initially barred admission, then allowed to collect her kid. The variables are 1)What happened to cause the arrest 2)The amount of time that transpired between the arrest and the mother coming to the station. She is saying it was 10 hours. They are saying it was less than 5. No one is debating he was interrogated without her knowledge.
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Edited by A Good Troll: 1/31/2013 6:30:02 PMAs far as I can tell from New York law, they are free to interrogate even without a guardian present. The state just can't use those statements against him. The police must make responsible efforts to notify a parent or other person legally responsible for the child's care and give them an opportunity to be present. A violation by the police bars the admission of any statement the child makes. If the police have made reasonable efforts to notify the parents or other legally responsible person, their absence at the time of questioning does not automatically bar the admission of any statement the child makes. Their absence at the time of questioning is one factor the court considers to determine whether the statements were made voluntarily. (Regle v. Castro 462 N.Y.S. 2d 369 (1983); Practice Commentaries to McKinney's Family Court Act § 305.2).
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Looks like a law has to change. That's easy to see. An interrogation, especially in handcuffs, of a minor child, is a gross example of excessive force.
