NCJ Number
172945
Journal
District of Columbia Law Review Volume: Issue: Dated: Pages: 355-371
Date Published
Unknown
Length
17 pages
Annotation
This article examines the problem of overzealous police officers detaining juveniles on less than probable cause or even less than reasonable suspicion.
Abstract
Police officers may frequently act on hunches or suspicions with the attitude that their actions will not be questioned, especially when the victim is a minor and may not know his or her legal rights. Counsel representing minority juveniles in the juvenile system must be just as vigilant as they are when representing adults in the adult system. They must challenge and scrutinize law enforcement conduct to ensure that police in the community do not cut corners on Fourth Amendment protections when arresting and detaining minority juveniles. The article examines police action on hunches and suspicions, influential detention factors, relevant court decisions, the decision to petition, and suppression hearings and credibility determinations. The article concludes that police officers and other law enforcement personnel require better training as to what constitutes demonstrable facts or probable cause. Trial and appellate judges must be keenly sensitive in making accurate credibility decisions, and must be vigilant in assuring that constitutional standards are applied and maintained. Notes, table