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by oh_sigh 4080 days ago
Does the officer need to wait for a legal guardian if the person is 17?
2 comments

No, they do not.

The officer should have made that clear to the 17 year old, part of the problem seems to be that the kid thinks he's protected by the fact that his mother isn't present. This leads to resistance which could be seen as justification for the escalation.

You would hope that the police officer was fully aware of the kids rights and part of their job should be to calmly explain the situation and try to defuse any possible conflict. Regardless of any law breaking here by either side (not going to pass judgement on that) this police officer is really bad at his job.

The answer is: yes.
You are completely incorrect, and you should research your claims before posting on the internet. Minors have a right to access to their legal guardians when they are under arrest, not when they are being detained.
Clearly, he was being arrested. Or did you think that a tasing and handcuffing were just standard practice for detainment?
You have a right to the presence of your legal guardian once you are under arrest, and the process is not immediate. You can't demand your mothers presence in the back seat of a cop car. You can at the station though, for example.

You don't have the right when you are in the process of being arrested, especially if you are actively resisting arrest.