Police Search Wasn’t OKd, Youth Says : Courts: The Van Nuys teen-ager has filed a $10-million suit against officers investigating a teacher’s murder.

A Van Nuys teen-ager who is suing Los Angeles police, claiming that he was illegally arrested last year after the slaying of a Grant High School teacher, testified Tuesday that he never gave police permission to question him or search his property.

“I didn’t have a choice,” said Hai Waknine. “They told me what had to be done and I did it. That’s it.”

Waknine’s name was given to police by students on March 24, 1989, while authorities were investigating the slaying of Hal Arthur, 60, a well-known teacher at Grant High School in Van Nuys.

Arthur was shot four times as he left his Sherman Oaks house for school. The case remains unsolved. Waknine, who was 16 at the time, was cleared of any involvement after spending seven hours with police beginning at 2 p.m. the day of the slaying.

During that time, Waknine was questioned, given a polygraph test and examined in search of evidence that he had fired a gun. Officers also inspected his car and made a quick search of his house.

According to testimony, police never informed him of his constitutional rights to remain silent and to be represented by an attorney. But police have maintained that Waknine was never under arrest and that he cooperated freely with investigators. “At no time was he in any other situation than being free to leave,” Assistant City Atty. Philip J. Sugar said during his opening statement Tuesday.

Under the law, police cannot question a person unless he gives his consent or they arrest him and explain his rights.

Also at issue in the case is whether juveniles can give their consent to be questioned. Police said they were unsuccessful in locating Waknine’s parents while he was being questioned.

Five days after Waknine was questioned he filed a $10-million lawsuit in U.S. District Court against Police Chief Daryl F. Gates and several other officers, charging that his civil rights were violated.

“How could I leave? They were all there,” Waknine testified. “When police officers tell you to come with them, you come.”

Waknine’s attorney, Stephen Yagman, told jurors in his opening statement, “Everything that was done to him was done without consent.”

During cross-examination by Sugar, Waknine acknowledged that he talked to the investigators at least partially because he wanted to clear his name. Waknine also said he was never handcuffed, fingerprinted or photographed but that he was held briefly in a holding cell with bars.

In brief testimony, Gates explained that department policy is to allow detectives to interview and search juveniles who are not under arrest if the juveniles give their consent. The same policy applies to adults, he said. “There is no reason why officers cannot inquire of anyone,” Gates said.

The trial is scheduled to continue today.