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CRIM 309

CRIM 309. Juveniles and the Police. Taking Juveniles into Custody. Most constitutional protections afforded to adults at arrest are also given to juveniles

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CRIM 309

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  1. CRIM 309 Juveniles and the Police

  2. Taking Juveniles into Custody • Most constitutional protections afforded to adults at arrest are also given to juveniles • Must have probable cause to make an arrest: “facts and circumstances within the officers’ knowledge…are sufficient in themselves to warrant…belief that an offense has been or is begin committed.” • Juveniles may be arrested as long as probable cause can be established—a warrant is not necessary • Types of arrests • Warrant—Written order from the court to make an arrest; neutral magistrate determines probable cause • Warrantless—Police officer making the arrest determines probable cause • Officers may take juveniles into custody for noncriminal behavior (e.g., running away) • For status offenses (conduct in need of supervision) officers may use reasonable suspicion to take a juvenile into custody

  3. Making the Decision • Officers use a lot of discretion when deciding to make an arrest • Legal factors • Seriousness of offense • Frequency of offending • Prior/current involvement in system • Extralegal factors • Race/ethnicity • Gender • Socioeconomic status • Demeanor • Family Situation • Victim/citizen complaint

  4. Other Legal Rights • Stop and Frisk allowed with reasonable suspicion—only protective “pat-down”; full search requires probable cause • Search and Seizures • Many must occur with a warrant • Others do not require a warrant • Probable cause • Consent: Do juvenile’s have valid consent?

  5. Consenting to a Search • Consent must be voluntary based on totality of the circumstances • Conditions considered: • Age • Maturity • Experience in the system • Consent from parents • Debatable • Depends on the state

  6. Other Exceptions • School searches • Public officials do not need a warrant • Role of police still open • Juveniles on probation • Probation officers are allowed • Police allowed if part of probation agreement

  7. Miranda Rights • Juveniles under custodial interrogation must be told of their Miranda rights • In custody (under arrest or deprived freedom) and under interrogation; and • Under interrogation (when police ask questions that tend to incriminate) • Juveniles may waive their Miranda rights • Must be an intelligent waiver—knows what he/she is doing and is competent to do so • Must be voluntary—not give as a result of threat, empty promise or force • Determined by “totality of circumstances”

  8. Miranda Rights, Continued • Role of parents • Some states require consultation with parents before waiving their rights • Depends on the state—not all require • Role of attorney • Some states require consultation with attorney before waiving rights • Depends on the state—not all require • Juveniles must clearly and unambiguously invoke their Miranda rights—remaining silent is not enough

  9. Issues of Confidentiality • The level of confidentiality depends on state law for the following—certain aspects of each issue have not been resolved for juveniles in the courts • Fingerprinting • DNA • Lineups and Photographs • Media use of juvenile information—this has been established as allowed

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