CRIM 309

Juveniles and the Police

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

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

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?

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

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

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”

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

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