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Can police question my child without a parent present in Tennessee? 

On Behalf of | Apr 4, 2025 | Criminal Defense

The moment you learn that police officers questioned your child at school brings instant worry to any parent. Tennessee parents need to know their children’s rights during police encounters to protect their interests better. 

What happens during police questioning of minors? 

Tennessee law gives minors the same Fifth Amendment protections as adults. This means your child has the right to remain silent and avoid self-incrimination. However, children often feel pressured to answer questions from authority figures, even when they should stay quiet. 

Here’s what you need to know about police questioning minors: 

First, let’s look at when police can talk to your child: 

  • At school, with the administrator’s approval 
  • On the street or in public places 
  • At a police station, if the child goes voluntarily 
  • During an active emergency 

These situations still require officers to honor your child’s fundamental rights. 

When officers must involve parents: 

  • If your child faces formal questioning as a suspect 
  • During custodial interrogation (when not free to leave)   
  • When questioning happens at school, in most cases 
  • If your child requests a parent’s presence 

The law gives extra protection to minors in these cases. 

Steps your child should take during police contact 

Every child should know these basic steps for police encounters: 

  • Ask for a parent before answering questions.
  • Stay calm and polite with officers.
  • State clearly if they want to remain silent.
  • Contact parents right away about any police interaction.
  • Never give false information to the police.

Teaching these steps now helps protect your child’s rights later. 

Legal protection for your child 

While police have the authority to speak with minors, parents have the right and duty to protect their children’s legal interests. If officers have questioned your child about any serious matter, speaking with a criminal defense attorney can help protect your child’s rights. Many seemingly simple questions from police can have significant legal consequences for young people.