Chapter 5 special law enforcement procedures


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Chapter 5 special law enforcement procedures

  1. 1. Chapter 5 Special Law Enforcement ProceduresJuvenile ProceduresButte-Glenn Community CollegeSpring 2012
  2. 2. Three Procedure Areas of Special Police Intervention Fifth & Sixth Amendments Protections Fourth AmendmentIssues Surrounding Police Searches of Juvenile Probationers and Parolees The Suppression of Gang Activities (Focusing on PC 186.22)
  3. 3. Due Process“The conduct of legal proceedings according to established rules and principals for the protection and enforcement of private rights.”“The rights (as to life, liberty and property) are so fundamentally important as to require compliance with due process standards of fairness and justice.”
  4. 4. Fifth Amendment “No person . . . shall be compelled in anycriminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law . . .”
  5. 5. Sixth Amendment Rights related to Criminal Prosecutions“ . . . to have the Assistance of Counsel for his defense.”
  6. 6. Basic Miranda Review (Miranda v. Arizona) Custody + Interrogation + By the Police (i.e. the government)
  7. 7. Miranda “We conclude that the Miranda safeguards come into play whenever a person in custody is subjected to either express questioning or its functional equivalent. That is to say, the term ‘interrogation’ under Miranda refers not only to express questioning, but also to any words or actions on the part of the police (other than those normally attendant to arrest and custody) that thepolice should know are reasonably likely to elicit an incriminating response from the suspect.” Rhode Island v. Innis (1980) 446 US 291, 300-01.
  8. 8. 625(c) W&I Details the Additional (Miranda) Requirements for Juveniles• When a minor is taken into temporary custody • Probable (reasonable) Cause for believing the minor is a 601 or 602• The officer shall advise: • that anything he says can be used against him, and; • him of his constitutional rights: • right to remain silent • right to have counsel present during any interrogation • The right to have counsel appointed if he is unable to afford counsel.
  9. 9. 625(c) W&I Details the Additional (Miranda) Requirements for Juveniles• The law and the California courts have neglected to give us a time frame of when a minor needs to be advised of his rights per 625(c) W&I• Best advice: • Immediately
  10. 10. Important Case Laws• People v. Burton (1971) – A request for a parent should be construed that a minor desires to invoke his right to remain silent – Officer needs to clarify why the minor wants to speak to a parent• People v. Lara (1967) – A minor has the capacity to understand his or her rights and can intelligently waive those rights – Totality of circumstances is the standard used to determine the minor’s capacity • Age, experience, education, background, intelligence, capacity to understand
  11. 11. Important Case Laws• Fare v. Michael C. (1979) – Reiterated “totality of circumstances” as the standard used – Spelled out what the officer should consider: • Age, experience, education, background, intelligence, capacity to understand• In re Anthony J., (1980) – Police were not required to advise parents that he was in custody – Parents do not have any rights under Miranda
  12. 12. Important Case Laws• People v. Maestas (1987) – When a minor is interrogated and asks to speak to a parent, the issue is why does he want to speak with his parents – The reason why determines whether or not the minor has invoked – Do not have to advise a minor of the right to speak to a parent• In re John S., (1988) – Parents do not have any rights in a juvenile detention/interrogation situation
  13. 13. Important Case Laws• People v. Nelson (2012) – When a minor has waived Miranda and, during interrogation, asks to speak with his parents – Is not necessarily an invocation of his Fifth Amendment Miranda rights – When attempted after an initial wavier, the validity of the attempt depends upon how a reasonable officer would have interpreted the suspect’s efforts. – The same rule applies to the minor’s apparent attempt to invoke his right to silence as well as to an attorney (Sixth Amendment).
  14. 14. Fourth Amendment “The right of the people to be secure intheir persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . . .”
  15. 15. “Exclusionary Rule” What is it?• Weeks v. US (1914) – Evidence seized illegally by federal officers is inadmissible in court• Mapp v. Ohio (1961) – Evidence seized by all officers is inadmissible in court
  16. 16. School Searches• Juveniles do not have an absolute expectation of privacy in a school setting• Administrative searches may be done by school officials at any time – Based on Reasonable suspicion – To maintain discipline and safety
  17. 17. T.L.O. Decision (New Jersey)• Set “Reasonable Suspicion” as the standard for a school official to conduct a search – The same standard as a pat-search for police (Terry v. Ohio)• Illegal activity or contraband found may be turned over to police• Police may not initiate the administrative search – But may be called in after it has been conducted
  18. 18. Safford Unified School District #1 v. Redding (2009) Class Discussion• USSC decision• Privacy rights of the minor and the intrusiveness of the administrative search outweighed the special interests of the state.
  19. 19. Search of Probationers• People v. Bravo (1987) – If a person accepts probation, he willingly waives his Fourth Amendment protection • Search may not go beyond the scope of the probation order• In re Marcellus L. (1991) – Made Bravo applicable to juveniles – Upheld loco parentis in that the state has a special interest in supervising the minor – Search can only be conducted for rehabilitation and reform purposes
  20. 20. Search of Probationers• In re Marcellus L. (1991) (cont.) – Juvenile has no standing to invoke his Fourth Amendment protections What does standing mean?
  21. 21. Search of Probationers• In re Thomas M., (1993) (Background only) – A minor with a search clause has no standing to contest a police detention or search • Even when the police are unaware of the search clause• In re Jamount C., (1993) – The state’s interest in promoting the health and welfare of children outweighs the individual freedom of minors – Individualized suspicion is not necessary
  22. 22. Search of Probationers• In re Tyrell J., (1994) (for background only) – Juvenile probation is not an act of leniency as it is with adults – It is a, “final order for a minor’s reformation and rehabilitation.” – It is in “the minor’s best interests” – A minor may not refuse probation • He has no choice over what is good for him – Right out of parens patraie
  23. 23. Search of Probationers• In re Jaime P., (2006) – Completely reversed Tyrell – Police must know the juvenile is on probation – Police must verify the search clause is in effect • Unless there is Reasonable Suspicion as is required in any warrantless search
  24. 24. Parole Searches by Police In a nutshell:Police may make a suspicionless search ofeither a parolee or a probationer as long as officers know beforehand of the search clause
  25. 25. Gangs• Street Terrorism Enforcement & Prevention (STEP) Act - PC 186.20• Gang defined - PC 186.22(f) – A group of three or more persons – Primary activity is committing one or more specific criminal acts: • E.g. ADW, Robbery, Homicide, Drug Sales, Firearms, Arson, Extortion (PC 186.22(e)) – Having a common name or common identifying sign or symbol, and: – Whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity
  26. 26. Places Used by Gangs PC 186.22a• A building or place used by members of a criminal street gang: – For the purpose of the commission of the offenses listed above – or any offense involving dangerous or deadly weapons, burglary, or rape – Every building or place wherein or upon which that criminal conduct by gang members takes place, – is a nuisance which shall be enjoined, abated, and prevented, and for which damages may be recovered
  27. 27. Street Gang Registration PC 186.32• A person who actively participates in any criminal street gang – With knowledge that its members engage in or have engaged in a pattern of criminal gang activity, and – Who willfully promotes, furthers, or assists in any felonious criminal conduct by members of that gang, – Who has had a criminal conviction or a Petition sustained• Failing to register is a misdemeanor