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Juvenile Apprehension

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  • Juvenile Apprehension

    Greetings,

    One officer told me the other day that LEOs are able to take juveniles into custody based on reasonable suspicion alone. If this is the case, I understand it would be tied specifically to the juveniles due to their status... does anyone else have the same understanding?

    Thanks.

    Zamkn
    No man is above the law and no man is below it: nor do we ask any man's permission when we require him to obey it.
    -Theodore Roosevelt

    The views expressed by this screen name do not represent any civilian,municipal, military, or federal law enforcement agency and are strictly the views of the individual writing. Under no circumstances should someone consider the content of these posts to have anything less than a great deal of sarcasm interlaced throughout. Read at your own risk.

  • #2
    You are correct, you also don't need warrants to arrest juveniles.

    Comment


    • #3
      False, you cannot arrest anybody by reasonable suspicion alone. Whether an adult or juvenile, Probable Cause must be present to place a subject into custody. Now, any person can be detained when reasonable suspicion is present and it is believed that they have or are about to commit a crime...

      Comment


      • #4
        Originally posted by iamacop View Post
        False, you cannot arrest anybody by reasonable suspicion alone. Whether an adult or juvenile, Probable Cause must be present to place a subject into custody. Now, any person can be detained when reasonable suspicion is present and it is believed that they have or are about to commit a crime...
        This is my understanding as well... but I wonder what that officer was basing his comments on. Perhaps I misunderstood. I will seek further clarification.
        No man is above the law and no man is below it: nor do we ask any man's permission when we require him to obey it.
        -Theodore Roosevelt

        The views expressed by this screen name do not represent any civilian,municipal, military, or federal law enforcement agency and are strictly the views of the individual writing. Under no circumstances should someone consider the content of these posts to have anything less than a great deal of sarcasm interlaced throughout. Read at your own risk.

        Comment


        • #5
          Originally posted by rockyraider View Post
          You are correct, you also don't need warrants to arrest juveniles.
          MMMM, you don't need a warrant to arrest a juve, but you can arrest a juve with an outstanding warrant/directive to apprehend.
          Last edited by ManoloQ; 07-26-2008, 09:07 AM. Reason: brain fart

          Comment


          • #6
            You are correct, I mis-spoke in my reply. You still need PC, what I was trying to convey about warrants is that you don't need to actually file for a warrant on a juvenile if he/she has committed a criminal offense, you can take them into custody w/out having to obtain a warrant. You certainly can still serve outstanding warrants/directives to apprehend on them as well.

            Comment


            • #7
              So there is no lighter requirement for apprehension of a juvenile? PC is still the standard.
              No man is above the law and no man is below it: nor do we ask any man's permission when we require him to obey it.
              -Theodore Roosevelt

              The views expressed by this screen name do not represent any civilian,municipal, military, or federal law enforcement agency and are strictly the views of the individual writing. Under no circumstances should someone consider the content of these posts to have anything less than a great deal of sarcasm interlaced throughout. Read at your own risk.

              Comment


              • #8
                Family Code 52.01...........

                § 52.01. TAKING INTO CUSTODY; ISSUANCE OF WARNING
                NOTICE. [B](a) A child may be taken into custody:
                (1) pursuant to an order of the juvenile court under
                the provisions of this subtitle;
                (2) pursuant to the laws of arrest;
                (3) by a law-enforcement officer, including a school
                district peace officer commissioned under Section 37.081,
                Education Code, if there is probable cause to believe that the child
                has engaged in:
                (A) conduct that violates a penal law of this
                state or a penal ordinance of any political subdivision of this
                state;
                (B) delinquent conduct or conduct indicating a
                need for supervision; or
                (C) conduct that violates a condition of
                probation imposed by the juvenile court;
                (4) by a probation officer if there is probable cause
                to believe that the child has violated a condition of probation
                imposed by the juvenile court;
                (5) pursuant to a directive to apprehend issued as
                provided by Section 52.015; or
                (6) by a probation officer if there is probable cause
                to believe that the child has violated a condition of release
                imposed by the juvenile court or referee under Section 54.01.
                (b) The taking of a child into custody is not an arrest
                except for the purpose of determining the validity of taking him
                into custody or the validity of a search under the laws and
                constitution of this state or of the United States.

                Comment

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