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View Full Version : Got a question on guardianship


pullnshoot25
04-28-2009, 7:24 PM
OK, here is the scenario: I am with two boys, both minors and we are all stopped for whatever reason (yes, this is a reflection of my 4-07-09 incident)

Couple of questions

1) Being that I am over 18, can I be considered their legal guardian at the moment?
2) If I am the legal guardian, aren't all questions supposed to be directed to me?
3) If I am not the legal guardian, then what am I?

I ask because I was circumvented from communicating with the boys during my UOC stop in Escondido and they were questioned separately.

Any law anyone can point to?

tyrist
04-28-2009, 8:08 PM
1) Nope
2) Nope
3) The guy driving the car.

pullnshoot25
04-28-2009, 8:27 PM
1) Nope
2) Nope
3) The guy driving the car.

1)Crap
2)Crap
3)Tartar Sauce.

jamesob
04-28-2009, 8:29 PM
1) Nope
2) Nope
3) The guy driving the car.

^ exactly.
you could have told the boys not to answer anything until their parents/ guardian got there.

Letitrip
04-28-2009, 8:30 PM
^ that is correct. I like those cliffnote answers.

I will expand on this a bit.

1. You are not considered a legal-guardian unless a dependency or family law court has deemed you to be one. A juvenile delinquency court may also be able to do this under certain circumstance. Bottom line is that it has to be done through a court. You being over 18 only makes you an "adult."

2. Minors can be interviewed in private. To prevent problems in the future, you should educate the minors about their civil rights, the 5th amendment right im particular. Make sure to also remind them that they are still required to identify themselves.

3. Just an adult in the vehicle, who may be considered to be contributing to the delinquency of a minor.

pullnshoot25
04-28-2009, 8:36 PM
^ that is correct. I like those cliffnote answers.

I will expand on this a bit.

1. You are not considered a legal-guardian unless a dependency or family law court has deemed you to be one. A juvenile delinquency court may also be able to do this under certain circumstance. Bottom line is that it has to be done through a court. You being over 18 only makes you an "adult."

2. Minors can be interviewed in private. To prevent problems in the future, you should educate the minors about their civil rights, the 5th amendment right im particular. Make sure to also remind them that they are still required to identify themselves.

3. Just an adult in the vehicle, who may be considered to be contributing to the delinquency of a minor.

Dammit. That blows like no other.