Gavin Howe
Police officers have a certain degree of discretion when it comes to detaining or subduing children under the age of 18, also known as juveniles. In most cases, if a child is arrested and taken into custody, they must be released to their parent or guardian's custody within a reasonable amount of time. There are, however, various factors that can influence the length of detention, the treatment of the child, and the rights of the child and their parents during this process.
| Characteristics | Values |
|---|---|
| Age of minors | Under 18 |
| Police powers | Can stop, arrest, and detain minors |
| Police requirements for arrest | Probable cause or reasonable suspicion of criminal activity |
| Miranda warning | Must be given before questioning |
| Searches | Allowed for weapons and personal belongings |
| Detention | Until parents arrive, placed in custody of child protection services, or locked up |
| Juvenile rights | Entitled to Fourth Amendment protections against unreasonable searches and seizures |
| Juvenile privacy rights | Schools can search lockers, and minors may be subject to searches of their person or property |
| Juvenile treatment | Increasing focus on fair and ethical treatment |
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What You'll Learn
Police must give a Miranda warning before questioning
Police officers are required to give a Miranda warning to a suspect before questioning them. This is to ensure that the suspect is aware of their constitutional rights and can choose to waive them if they so wish. The Miranda warning is not required in every police interaction. For instance, police can arrest someone, take them to the station, and book them without mentioning their Miranda rights. However, if a suspect is in police custody and is being interrogated, the police must administer a Miranda warning beforehand.
Miranda rights, also known as Miranda warnings, are a set of legal protections afforded to criminal suspects. They include the right to remain silent, the right to consult an attorney before and during questioning, and the right to have an attorney provided if the suspect cannot afford one. These rights are designed to protect suspects from self-incrimination. If a suspect chooses to waive their Miranda rights, they must do so "knowingly and intelligently", and this waiver must be voluntary.
The specific requirements for a Miranda warning vary across different jurisdictions. For example, some departments require officers to ask "do you understand?" after each sentence of the warning. In addition, officers must ensure that the suspect understands their rights, taking into account factors such as the suspect's education level and language. If a suspect's understanding of their rights is ambiguous, officers can ask clarifying questions, but they are not required to.
The consequences of failing to administer a Miranda warning can vary. In the case of Vega v. Tekoh (2022), the Supreme Court held that police could not be sued for failing to administer Miranda warnings, and that any statements made without the warnings could be excluded from trial. However, if a suspect's Miranda rights are violated, an attorney can help assert these rights and advocate for the suspect during the legal process.
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Officers must have 'reasonable suspicion' to detain
For police officers to lawfully detain a 12-year-old, they must have a reasonable suspicion that the child has been involved in criminal conduct. Reasonable suspicion requires specific facts that the officer can articulate and cannot be based on a hunch. This standard depends on the circumstances of each situation. An investigative detention may last from a few seconds to over an hour, but it must be temporary and reasonably related to the officer's investigation. During this time, the suspect is not free to leave and may be handcuffed for officer safety.
Reasonable suspicion is determined by whether the police officer can point to specific and articulable facts that, when taken together with rational inferences, would lead a neutral magistrate to conclude that a reasonable person would be warranted in believing that possible criminal behavior was occurring. This standard evolved from the case of Terry v. Ohio, which held that an officer may stop and frisk an individual if they have a reasonable suspicion of criminal activity.
While reasonable suspicion is enough to detain a person, it is not sufficient to arrest them. An arrest requires probable cause, which is a higher standard that exists when the facts and circumstances within the officer's knowledge would lead a reasonable person to believe that the suspect is involved in criminal activity. Probable cause must be more than a suspicion or a hunch, but it can be less than the legal standard to convict. An officer may arrest a child if they have probable cause to believe that the child committed a criminal offense.
If a child is arrested and taken into custody, the officer must give them a Miranda warning before questioning them. Some states require that a parent or attorney be present during the interrogation of a juvenile. If a child is detained, they may be searched for weapons, and their belongings may be removed and stored.
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Juveniles may be searched for weapons
In the United States, the Fourth Amendment protects citizens from unreasonable searches and seizures, requiring police to obtain a warrant based on probable cause. However, there are exceptions to this rule, and police officers are permitted to conduct searches without a warrant under certain circumstances. For instance, if a person is lawfully arrested, an officer may search their person and their immediate surroundings for weapons or items that could harm the officer. This is known as a "search incident to arrest".
Minors, or juveniles, are generally entitled to the same Fourth Amendment protections as adults. However, there are exceptions that apply specifically to minors. For example, minors can be stopped, detained, or arrested for truancy or local curfew violations, which can lead to searches of their person or property. Additionally, law enforcement officers may conduct searches in schools, such as lockers, as minors may not have the same privacy rights as adults.
When it comes to searching juveniles for weapons, officers must still adhere to legal requirements and ensure that any search is reasonable and justified. Officers may conduct a pat-down search or "stop and frisk" if they have reasonable suspicion that a juvenile is involved in criminal activity and may be armed and dangerous. This involves a search of the outer garments to ensure the juvenile is not carrying any weapons. It's important to note that the suspicion must be reasonable and based on articulable facts for this type of search to be lawful.
In situations where a juvenile is arrested, officers can conduct a more thorough search for weapons as part of the "search incident to arrest" exception. This allows them to search the juvenile's person and immediate surroundings for weapons or other items that could pose a threat to the officer's safety. However, it's important to distinguish between a minor's private property, such as a backpack, where a warrant or justification may be required, and areas lacking a reasonable expectation of privacy, such as items in plain view or easily accessible to the public.
While the presence of weapons or other contraband may provide probable cause for a more extensive search, officers must still respect the rights of juveniles and ensure that their searches are reasonable and justified under the law. It's worth noting that different states may have varying laws and procedures regarding the search and interrogation of minors, so it's essential to be aware of the specific regulations in each state.
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![Detention [Blu-ray]](https://m.media-amazon.com/images/I/91SG-k+vMIL._AC_UY218_.jpg)
Minors can be stopped for truancy or curfew violations
Minors can be lawfully stopped by police officers for truancy or curfew violations. Truancy refers to when a child is absent from school without permission. Each US state has its own definition of truancy, but generally, a student is considered truant if they have a certain number of unexcused absences in a month or school year. Excused absences typically require parental permission and a valid reason, such as illness or a family emergency. Schools usually notify parents and guardians of unexcused absences, and repeated absences often trigger a formal notification, such as a truancy letter. Truancy is not a crime, but habitual truancy can result in juvenile proceedings. While some states allow truancy officers to "arrest" truant children, this is only to bring them back to school or home.
Minors can also be stopped for violating curfew laws, which prohibit underage people from staying, remaining, or loitering in an area during specified hours. Curfew laws usually include exceptions, such as when the minor is accompanied by a parent or guardian, running errands, or travelling to or from school or work. In some cases, curfew laws can also apply to non-juveniles and restrict the operation of businesses. When a minor violates curfew, a law enforcement officer will typically issue a verbal or written warning, especially if it is the minor's first offence. Repeat offenders may be taken into custody and held at a police station or juvenile centre until their parents or guardians arrive.
It is important to note that minors stopped by police officers for truancy or curfew violations still have legal rights. They are entitled to the same Constitutional protections against unreasonable searches and seizures as adults, although there may be exceptions. For example, law enforcement officers may search a minor's person or property during a stop for truancy or curfew violations. If a minor is arrested, they must be given a Miranda warning before questioning, and they have the right to remain silent and request the presence of a parent, guardian, or attorney.
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Detention hearing must be held within a specified time
When it comes to minors and their interactions with law enforcement, there are specific rules and guidelines that govern the process. In the United States, minors or juveniles (those under the age of 18) are generally treated differently from adults in the justice system. Law enforcement officers have significant discretion in these situations, but certain protocols must be followed.
A minor can be arrested or detained by a police officer for both felony and misdemeanour offences. This is unlike the process for adults, where a police officer must personally witness a misdemeanour taking place. For minors, the officer only needs to have "'probable cause' to believe that the minor committed a criminal offence. This "probable cause" can be established through reasonable suspicion and the belief that the minor is involved in criminal activity.
Once a minor is arrested, the police have several options. The minor may be released with a warning, referred to counselling, or provided with a referral to juvenile probation. In more serious cases, or if the minor has a prior record, they may be kept in custody and referred to a detention facility. If an officer determines that releasing the minor is unsafe or not in their best interests, the officer can bring them to the police station. There, the minor may be detained until a parent or guardian arrives, placed in the care of a child protection agency, or put into lock-up, depending on the circumstances.
In the state of California, if a child is taken into custody, a detention hearing must be held as soon as possible but no later than 48 hours (excluding non-court days) after the child arrives at a facility within the county. This hearing determines whether the child will continue to be detained in custody or be released. Similarly, in New Jersey, detention hearings are typically held within 3 to 4 business days of the defendant's arrest and arraignment. However, they usually occur on the same day of the arrest. The prosecution must bring a motion to initiate the hearing, and the defendant has the right to an attorney.
The outcomes of detention hearings can vary. The defendant may be held in custody until their trial, or the judge may order their release under specific conditions or on personal recognisance. It is important to note that all defendants have the right to legal representation, and an attorney can help navigate the complexities of these hearings.
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Frequently asked questions
Police officers can detain a 12-year-old if they have “probable cause” or a “reasonable suspicion” that criminal activity is taking place and that the child is involved. Evidence of a crime is crucial in establishing probable cause.
Minors are entitled to the same Fourth Amendment protections against unreasonable searches and seizures as adults. They also have the right to a Miranda warning before questioning.
A minor can be released with a warning, referred to a local community agency for counseling, or cited and provided with a referral to report to juvenile probation. Law enforcement has discretion in these matters.
Yes, police can arrest children. An arrest means the individual is not free to leave and they can be taken into custody. An officer must give a Miranda warning before questioning a child.
