Order to Take into Custody by hpa11919


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									     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
    – 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

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