Son arrested at school without father’s knowledge | Training

SOUTHAVEN, Miss. – A Southaven father says he feels his son’s rights were violated after police questioned him without a parent present.

He said his 12-year-old son, a student at Southaven Middle School, was accused of receiving a nude photo from another student and distributing it to his classmates.

Because this is a story involving children and there is a charge of child exploitation, we are withholding the identities of both the man and his son to protect the identities of the youth involved.

He said that when he arrived at the school shortly after receiving the call from the school, the interview with the school and Southaven police was complete: “Since he is a minor, he doesn’t say anything that hasn’t been said before I have any.” Understanding for that. He’s never been in trouble before. He doesn’t know what’s going on. He is confused. He’s scared, I’m scared for him,” he told FOX13.

He said his son was charged with child exploitation and immediately taken to the Desoto County Juvenile Detention Center in Hernando. “He is a quiet boy. He is a shy child. You know what I mean? I’m not standing here trying to paint a reflection of him, you know? I mean, because at the end of the day it was done. But my problem is the way it was handled.”

FOX13 wanted to find out if any laws or policies were violated.

According to Desoto County School District policy, a principal or school administrator is permitted to question students about school incidents “without restriction” when a school resource officer is present.

And then “parents will be contacted if the student is subsequently taken into custody or if disciplinary action is taken against the student.”

A Mississippi attorney also pointed FOX13 to the Mississippi Code on the Rights of Juveniles in Custody.

The law says a “child may immediately call a parent or guardian” if taken into custody, but does not specify when custody begins in a school.

FOX13 reached out to Desoto County Schools and the Southaven Police Department and did not receive a response as of Thursday evening.

This case also reminds young people that sharing such photos, even of themselves, can lead to criminal charges.