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
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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