1. Chapter 5
Special Law Enforcement Procedures
Juvenile Procedures
Butte-Glenn Community College
Spring 2012

2. Three Procedure Areas of
Special Police Intervention
Fifth & Sixth Amendments
Protections
Fourth Amendment
Issues Surrounding Police Searches of
Juvenile Probationers and Parolees
The Suppression of Gang Activities
(Focusing on PC 186.22)

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. Fifth Amendment
“No person . . . shall be compelled in any
criminal case to be a witness against himself,
nor be deprived of life, liberty, or property,
without due process of law . . .”

5. Sixth Amendment
Rights related to Criminal Prosecutions
“ . . . to have the Assistance of Counsel for
his defense.”

6. Basic Miranda Review
(Miranda v. Arizona)
Custody
+
Interrogation
+
By the Police
(i.e. the government)

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 the
police should know are reasonably likely to elicit an
incriminating response from the suspect.”
Rhode Island v. Innis (1980) 446 US 291, 300-01.

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. 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. 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. 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. 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. 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. Fourth Amendment
“The right of the people to be secure in
their persons, houses, papers, and effects,
against unreasonable searches and
seizures, shall not be violated . . .”

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. 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. 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. 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. 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. Search of Probationers
• In re Marcellus L. (1991) (cont.)
– Juvenile has no standing to invoke his Fourth
Amendment protections
What does standing mean?

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. 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. 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. Parole Searches by Police
In a nutshell:
Police may make a suspicionless search of
either a parolee or a probationer as long as
officers know beforehand of the search
clause

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. 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. 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