CHILDREN AND THE LAW
...Delinquency Matters
......Arrest & Petition Review
.........Arrest Procedures: Police
15 Cards On This Topic:

Minor who violates law is within jurisdiction of juvenile court.

Peace officer may arrest juvenile upon probable cause to believe juvenile committed either felony or misdemeanor.

Options available to officer taking M into custody in 602 matters.

Temporary custody and transfer of custody of minor 14 or older to probation officer.

Minor taken into custody may be requested to submit to voluntary chemical test.

Information re persons receiving public assistance is privileged; exceptions.

No due process violation in interrogating crying, shaking 15 yr. old w/out notifying parents where he could have remained silent and been no worse off.

Attempting to deter O from lawful performance of duties in future is violation of Pen. Code §69 whether or not O lawfully performing duties at time threat made.

PC 653b passes constitutional muster because it requires proof a person loitering near a school had the specific intent to commit a crime; evidence showed M had such an intent.

Gang loitering charge reversed where M was merely standing on sidewalk talking to fellow gang member, and not engaged in gang conduct—nothing to lead to inference they were intimidating others or publicizing their gang.

No authorization exists under Welf. & Inst. Code to issue arrest warrant for failure to appear based on minor’s promise to appear contained in citation.

Not every act of juvenile disobedience is cognizable under Welf. & Inst. Code §602; must be violation of a law defining crime.

Finding minor has committed alleged crime only vests jurisdiction in juvenile court, which may then make minor ward of court.

Officer may detain minor believed to be runaway juvenile although no other suspicious activities.

Arrest of minor proper where minor and auto matched description given in complaint.