Children under the age of 18 (juveniles) often have a very different experience with law enforcement than do adults. While a few hand-and-fast rules govern the nature of these interactions, for the most part, law enforcement enjoys significant discretion. The discussion below touches on some of the issues involved in stopping, arresting, and detaining juveniles.
Can Police Stop and Question Your Child?
Yes, an officer who has a “reasonable suspicion” that criminal activity is afoot, and that a particular individual is involved, may stop and temporarily detain that person for questioning and a minimal “frisk” if there’s reason to think the detainee has weapons. The same is true when the person is a juvenile.
Can Police Arrest Your Child?
Yes, like an adult, police can arrest children. An arrest is more serious than a stop; it means that the individual is not free to leave. In order to arrest an adult, an officer must have “probable cause” of criminal activity on the part of the suspect. Probable cause for an arrest requires more certainty than the reasonable suspicion needed for a stop. But that doesn't mean officers must get an arrest warrant. Most arrests end up being warrantless, especially if the officer sees the crime happening before them. Arresting someone at their home, however, typically requires a warrant. These rules apply equally to juveniles, with the exception noted just below.
When the officer has a quasi-parental relationship with the juvenile (as is true for public school officials, for example), the full-blown probable cause requirement is softened a bit. Such officers need only a reasonable suspicion that the juvenile is involved in criminal activity. However, any subsequent search must be reasonable and related to securing the officer’s safety. For example, the U.S. Supreme Court held that strip-searching a teenage girl suspected of selling pills to schoolmates was not warranted, because the school officials faced no immediate threat of harm from her. (Safford Unified Sch. Dist. v. Redding, 557 U.S. 364 (2009).)
What Happens When Your Child Is Arrested?
When arresting an adult, most of the time the officers take the adult to the police station, “book” the person (record personal information, take mug shots and fingerprints, and remove and store personal belongings), and place them in jail. But when it comes to juveniles, officers have a wider range of choices, depending on factors such as the child’s age, the severity of the incident, availability of family to take over, and so on. Even if the officer doesn’t formally arrest the child, the officer may issue a citation (essentially giving the minor a ticket) or refer the charging decision (called a petition) to the prosecutor. (More on the petition process below.)
Alternatives to Arrest for a Juvenile
Here are some of the alternatives an officer might have in lieu of formally arresting a juvenile:
On-the-spot counseling and release. Sometimes, officers conclude that a stern talking-to is all that is called for in the circumstances. This result is most likely when the child is suspected of committing a relatively minor infraction, the child appears capable and amenable to discussion and reason, and releasing the child will not put him or her in danger.
Ride home in the squad car. An officer may conclude that release is called-for, for the reasons just stated, but that releasing the child to the street (or wherever the arrest took place) would not be safe or in the child’s best interests. Simply taking the juvenile home serves another purpose: It alerts parents or guardians to the child’s brush with the law, which will hopefully spur positive discussions on following the law.
Trip to the stationhouse. If an officer decides that the circumstances make “catch and release” inappropriate, the officer will bring the juvenile to the police station. There, depending on the situation, the child may be detained until parents arrive (and then released), placed in the custody of the local “protective services” agency for children, or simply put into lock-up. The latter might happen when the juvenile is an older child, the suspected offense is very serious, or when the child is belligerent and appears likely to get into trouble again quickly. Some counties have separate juvenile facilities; others place children in the same facilities as adults, though by law, they should do all they can to separate children from adults.
Notification to Parents or Guardians of an Arrested Child
Some states and the federal government require that police immediately notify a parent or guardian about the arrest of their child. (18 U.S.C. § 5033.) But that's not the case in all states. At a minimum, parents or guardians must be notified of the charges or allegations before the trial. In some instances, especially when police want to question the child, they may need to notify the parents if the child requests their presence before a police interrogation.
Miranda Warnings for Juvenile
If a police officer arrests and takes a child into custody, the officer must give the child (just like it would an adult) a Miranda warning before questioning. Violating this rule means any statements given by the child could be excluded from evidence by the court.
However, what’s less clear is whether juveniles can waive (give up) their Miranda rights in the absence of a parent, guardian, or attorney. 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, the judge will review all of the circumstances involved in an interrogation when deciding whether the child was mature enough to intelligently waive their rights without an adult present.
What Happens When Your Child Is Detained?
When juveniles have been arrested and detained in a police station, they may be searched for weapons and have their personal belongings removed and stored. They generally have a right to make a phone call. Unlike adults, minors do not have a right to bail. But like adults, 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). Juveniles also have a right to an attorney. If the juvenile cannot afford an attorney, the judge must appoint one at public expense.
What Is a Juvenile Delinquency Petition?
The prosecutor must decide whether to file a petition asking the court to adjudicate the juvenile as delinquent. This petition is similar to a criminal complaint or charge alleging an adult committed a crime. At a juvenile’s first court appearance, the judge will review the petition and decide whether enough evidence exists to keep the case going.
If the case remains in the juvenile system, a judge (not a jury) will decide whether the prosecutor proved the charges beyond a reasonable doubt. (Juveniles do not have a right to a jury trial like adults.) If the judge finds the juvenile guilty, the result is an "adjudication of delinquency" (similar to an adult conviction).
Juvenile judges tend to have a lot of discretion when handing down a disposition (sentence) in a juvenile case. The judge may order the juvenile to undergo counseling, attend school or certain classes, perform community service, pay restitution (victim compensation), meet with probation officers, revoke or suspend driving privileges, or spend time in a residential juvenile detention facility.
Talk to a Lawyer
If your child has been arrested, talk to a criminal defense attorney who handles juvenile cases. While an adjudication of delinquency might seem minor compared to an adult conviction, it can be just as serious. In some cases, a judge can transfer a juvenile to adult court. Juveniles can also be required to register as sex offenders And juvenile records tend to follow a person for longer than one might think.