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Search, Seizure, Investigation, and Interrogation (From Juvenile Justice System: Law and Process, Second Edition, P 105-129, 2002, Mary J. Clement -- See NCJ–200505)

NCJ Number
200508
Author(s)
Mary J. Clement Ph.D.
Date Published
2002
Length
25 pages
Annotation
This chapter discusses the conditions under which a juvenile may be searched by law enforcement officials.
Abstract
Searches are particularly important because they can lead to seizure, investigation, interrogation, arrest, and possible conviction. Stating that juveniles have just as much right to be secure in their person from unreasonable searches and seizures as do adults, the author presents juvenile courts’ interpretations of the Fourth Amendment in the concerning search and seizure. Noting that a search warrant is required if a law enforcement official is planning to take an individuals’ property into custody as evidence of a crime, the author presents Supreme Court decisions illustrating reasonable expectancy of privacy, reasonable place for privacy, valid search, hot pursuit and other emergencies, incident to a lawful arrest, plain view, consent, voluntariness, authority to permit searches, automobile exceptions, stop and frisk procedures, and unique searches. Following a discussion of the special conditions of school searches, the author details the investigation and interrogation of juveniles contending that law enforcement officials need to take notice of rules for a confession, the role of a juvenile’s parent, the age of the juvenile, the role of a probation officer, and the difference between notification and questioning. References, appendix