Kara Sears
In the United States, police officers can lawfully arrest minors (individuals under the age of 18) for both felony and misdemeanor-level offenses. While minors are entitled to the same Fourth Amendment protections against unreasonable searches and seizures as adults, there are exceptions. For instance, minors can be arrested for truancy or local curfew violations, and their lockers can be searched without a warrant. When arrested, minors may be searched for weapons, have their personal belongings removed and stored, and generally have a right to make a phone call. However, they do not have a right to bail. The process following a minor's arrest can vary, with some being lectured and released, while others may be placed in the custody of a local protective services agency.
| Characteristics | Values |
|---|---|
| Entitlements | Minors are entitled to the same Fourth Amendment protections against unreasonable searches and seizures as adults. |
| Entitlements | Minors have special rules governing how officers can question and treat them when they are arrested for criminal offenses. |
| Entitlements | Minors are entitled to a lawyer. |
| Entitlements | If a minor cannot afford a lawyer, the court will provide one. |
| Entitlements | Minors have the right to make a phone call when detained in a police station. |
| Entitlements | Minors do not have the right to bail. |
| Entitlements | Minors must be brought before a judge relatively quickly. |
| Entitlements | Minors may not have the same privacy rights as adults. |
| Entitlements | Minors can waive their Miranda rights in some states without a parent, guardian, or attorney present. |
| Entitlements | Minors can be required to register as sex offenders. |
| Police requirements | Police officers can arrest minors if they have probable cause to believe that the minor committed a criminal offense. |
| Police requirements | Police officers can arrest minors for truancy or local curfew violations. |
| Police requirements | Police officers can take minors home after an arrest to alert parents or guardians. |
| Police requirements | Police officers can detain minors at a police station until parents arrive. |
| Police requirements | Police officers can place minors in the custody of the local "protective services" agency. |
| Police requirements | Police officers can search minors for weapons and remove their personal belongings when they are detained at a police station. |
| Police requirements | Police officers can gather fingerprints and/or DNA from minors. |
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What You'll Learn
Minors' Miranda rights
In the United States, minors are entitled to the same Fourth Amendment protections against unreasonable searches and seizures as adults. However, there are exceptions. For instance, minors can be stopped, detained, and arrested for truancy or local curfew violations, which can lead to searches of their person or property.
Minors have the same constitutional rights as adults when it comes to Miranda warnings and bail. However, it is unclear whether juveniles can waive their Miranda rights without a parent, guardian, or attorney present. While some states have enacted laws requiring officers to allow a juvenile to have a parent or attorney present before starting an interrogation, other states leave this decision to the judge, who will review the circumstances to determine if the child was capable of intelligently waiving their rights without an adult present.
Studies show that up to 90% of juveniles waive their Miranda rights, but legal experts argue that children and teenagers do not fully understand the consequences of doing so. In recent years, several states have passed laws banning police from interrogating children until they have spoken to a lawyer, while others have introduced bills to broaden protections for juveniles questioned by police.
It is important to note that minors do not have the right to bail, and while they must be brought before a judge quickly, this first appearance may be called by a different name than an "arraignment" for adults.
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Juveniles' right to bail
A minor's interaction with law enforcement is typically their first experience with the juvenile justice system, which begins with the arrest process. While minors are entitled to the same Fourth Amendment protections against unreasonable searches and seizures as adults, there are many exceptions that apply to young people. For instance, minors can be stopped and arrested for truancy or local curfew violations, which often expand into searches of the minor’s person or property.
In the United States, juveniles do not have a right to bail. However, they must be brought before a judge relatively quickly (known as an “arraignment” for adults, this first appearance may be called by another name for juveniles). If the juvenile has not been discharged before their initial appearance, and detention is not ordered, they must be released. The issue of release or detention is provided under 18 U.S.C.A. § 5034. A juvenile can be detained pending disposition of their case only for limited reasons. If, upon a hearing, the magistrate determines that the detention of the juvenile is:
- Required to secure timely appearance before the appropriate court.
- To ensure the safety of the juvenile or that of others.
In such cases, the juvenile may be ordered detained. There are no provisions for posting bond, and the juvenile must be represented by counsel. If not detained, the court must release the juvenile to their parents or guardians.
In some cases, a judge can transfer a juvenile to adult court, where they may be entitled to bail. Juveniles can also be required to register as sex offenders, and juvenile records tend to follow a person for longer than one might think.
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Police powers of search
In the United States, minors are entitled to the same Fourth Amendment protections against unreasonable searches and seizures as adults. However, there are exceptions. Minors can be stopped, detained, and arrested for truancy or local curfew violations, which often lead to searches of their person, property, or school lockers.
Minors suspected of committing a crime can be stopped, arrested, and detained by the police, just like adults. An officer must have “probable cause” to arrest an adult, but for minors, probable cause means the officer must have reason to believe the minor committed a criminal offense.
When a minor is arrested and taken to a police station, they may be searched for weapons, and their personal belongings may be removed and stored. They are generally allowed to make phone calls and must be brought before a judge relatively quickly.
The police must notify the minor's parent or legal guardian of the arrest, and the minor may be questioned pursuant to Miranda rules. The minor can assert their Miranda rights and request a lawyer, at which point the police should stop questioning them. Some states require the presence of a parent or lawyer before interrogation can begin.
In terms of search and seizure following an arrest, officers may search areas within the arrestee's immediate control to alleviate any threats posed by the arrestee or unseen third parties. This “protective sweep” may extend to the entire premises, including the arrestee's home, if officers have a "reasonable belief" that the area may harbor individuals posing a danger.
The Supreme Court has ruled that compulsory breath and blood tests following an arrest for suspected "drunk driving" may violate the Fourth Amendment's warrant requirement, depending on a balancing test of individual privacy interests and legitimate state interests.
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Juveniles in adult court
In the United States, juveniles (those under 18) often have a very different experience with law enforcement than adults. While there are a few clear rules governing the nature of these interactions, law enforcement enjoys significant discretion. Police can stop, arrest, and detain juveniles suspected of committing a crime, just like adults. However, unlike with adults, police officers can arrest minors without personally witnessing the commission of a misdemeanour—they only need probable cause to believe that the minor committed a criminal offence.
Minors are entitled to the same Fourth Amendment protections against unreasonable searches and seizures as adults, but there are exceptions. For example, minors can be stopped and arrested for truancy or local curfew violations, which can expand into searches of their person or property. Schools can also search lockers, and minors may not have the same privacy rights as adults. This can lead to police profiling and harassment of young people, especially those of colour.
In some situations, a juvenile court judge may determine that a juvenile has waived the protections of being tried in juvenile court and transfer their case to adult court. This may happen when a juvenile is a repeat offender, or when the case involves a serious crime. Most juveniles prefer to avoid adult court, as a conviction can result in harsher penalties, including mandatory minimum sentences and prison time. A conviction in adult court also carries a more significant impact on a juvenile's social and professional prospects. However, there are certain advantages to being tried in adult court. A juvenile can assert the right to a jury trial, which may result in a lighter sentence, as juries tend to be more sympathetic to underage defendants.
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Juveniles' right to a lawyer
In the United States, juveniles have had a constitutional right to counsel during juvenile court proceedings since 1967. In the case of In re Gault, the U.S. Supreme Court recognised that youth need the "guiding hand of counsel" to assist them in court, and the court must appoint an attorney if the child cannot afford one. This right to counsel is not limited to the courtroom; juveniles also have the right to ask for a lawyer before answering questions during police interrogations.
However, it is unclear whether juveniles can waive their Miranda rights without a parent, guardian, or attorney present. Some states have enacted laws requiring officers to allow a juvenile to have a parent or attorney present before starting an interrogation. In other states, a judge will review the circumstances of an interrogation to decide whether the child was mature enough to waive their rights without an adult present.
Juveniles have the right to remain silent and not provide self-incriminating evidence, just like adults. They also have the right to know the charges filed against them, to question their accusers, and to present their side of the story in a court hearing.
Despite these rights, many juveniles still face court proceedings without legal representation. Even when they are represented, attorneys may lack the resources to provide adequate representation. This can result in unjust findings of delinquency, incarceration, or transfer to adult court.
It is important for juveniles to understand their right to an attorney and to clearly speak up to request one if they are questioned by the police. If a juvenile does not already have an attorney by the time they get to court, the judge must appoint a lawyer to represent them.
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Frequently asked questions
Yes, police can lawfully arrest a minor. In the United States, minors are entitled to the same Fourth Amendment protections against unreasonable searches and seizures as adults, but there are exceptions. Minors can be arrested for truancy or local curfew violations, and police officers can arrest minors as long as they have probable cause to believe the minor committed a criminal offence.
When a minor is arrested, they may be searched for weapons and have their personal belongings removed and stored. They have the right to make a phone call, and to a lawyer. They must be brought before a judge quickly, usually within a day. A judge can decide to transfer a juvenile to an adult court.
No, unlike adults, minors do not have the right to bail.
