Most people would balk at the idea of sitting down with their high schooler or college student and discussing what to do if they’re ever arrested. They don’t believe their child would ever be in that type of predicament.
But what if that student finds themselves in a situation that was out of their control, such as a protest that ended in a skirmish? Or they could be in the right place, but at the wrong time. Instructing them of their constitutional rights now can help protect them later.
The Fourth, Fifth and Sixth Amendments
You are not encouraging your child to engage in bad behavior. Instead, you are empowering them to keep themselves safe and make informed choices. Being aware of their constitutional protections means they’re less likely to be taken advantage of or unintentionally give up their legal safeguards.
The Fourth Amendment protects your child against unreasonable searches and seizures (with some exceptions in schools and on campuses) unless the police officer has a warrant or probable cause. If an officer asks to search their backpack, car, dorm room or phone, they have the right to say they do not consent to the search. If law enforcement does search their person or belongings, they shouldn’t physically resist – just calmly state they don’t give their consent.
The Fifth Amendment provides them with that phrase often heard on TV shows and in the movies – “You have the right to remain silent.” Not only does it make for engaging viewing content, but in real life, it’s one of your child’s strongest protections. They don’t have to answer questions about where they were going, what they were doing or who they were with. If they’re detained, they can say they choose to remain silent. Waiting for legal representation is not an admission of guilt; it’s a smart move. There is no need for them to provide an explanation or apologize.
Under the Sixth Amendment, your child has the right to legal representation. No matter how innocent or routine the questions asked by police seem to be, they shouldn’t answer any of them without someone else present. The police may state they are just having a friendly conversation and there’s no need to involve a lawyer, but your child needs to keep insisting.
No parent expects their child to be in trouble with the law, but it can happen. It’s crucial that they understand their rights so they can stay safe.
