The purpose of this policy is to define protocol and rules of conduct when dealing with juveniles in a search and seizure situation.
DNA Collection from Juveniles
Secure search warrant
- Search warrants shall be secured for DNA collection from the person of juvenile suspects or arrestees, whenever feasible.
- The member who executes a search warrant for DNA collection from the person of a juvenile suspect or arrestee shall ensure a reasonable attempt is made to notify the parent or legal guardian immediately after executing of the warrant.
- The notification may be made by telephone, in person, or by going to the juvenile's home.
- Consent for a DNA collection shall only be sought for suspects in exigent circumstances.
Consent for DNA collection
Consent for DNA collection from the person of any juvenile suspect or arrestee, shall adhere to the following requirements.
Adult consent required
- A juvenile suspect or arrested person cannot waive their rights and consent to a DNA collection from their person without first being allowed to engage in a meaningful consultation with an attorney or an informed parent or guardian.
- Any collection of DNA from the person of a juvenile suspect or arrested person via consent shall require consent from both the juvenile and the adult.
Documenting consent
- Consent from both parties shall be recorded on body worn camera, when applicable (in accordance with P&P 4-223). If body worn camera recording is not applicable, the consent shall be audio recorded.
- Consent from both parties shall be documented in the Police Report.
Search of a Premises with Parental Permission
- A parent/legal guardian may give consent to the search of a room and personal belongings of a minor child living in the home.
- If the child has an expectation of privacy (because the child is an adult, is paying rent, or for another reason), the parent may not be able to consent to a search of the child’s room.
Juveniles on Direct Supervised Probation
- Juveniles on direct supervised probation have a signed agreement in accordance with terms of their probation authorizing their probation officer(s) to perform a warrantless search of the juvenile’s person and the area under the juvenile’s immediate control at any time.
- Being in the presence of a Juvenile Probation officer does not provide the same authority to an MPD member.
- MPD members shall not use probation officers as their agent to perform warrantless searches.
Searches of School Lockers
- Lockers may be inspected or searched by school authorities without a search warrant. School authorities may request to have a law enforcement officer present during the search.
- If a police officer believes it is necessary to search a locker, authorization from the school principal or a warrant signed by a judge shall be obtained.
Strip Searches of Juveniles
The strip search of any juvenile shall be done in accordance with P&P 9-201 Search and Seizure.
Taking Custody of a Juvenile not Under Arrest
Curfew and truancy violations
Curfew and truancy violations shall be handled in accordance with P&P 8-200.
Statutory limits on taking custody
MN Statute section 260C.175 Subd. 1 states: “No child may be taken into immediate custody except:
(1) with an order issued by the court in accordance with the provisions of section 260C.151, subdivision 6, or Laws 1997, chapter 239, article 10, section 10, paragraph (a), clause (3), or 12, paragraph (a), clause (3), or by a warrant issued in accordance with the provisions of section 260C.154.
(2) by a peace officer:
(i) when a child has run away from a parent, guardian, or custodian, or when the peace officer reasonably believes the child has run away from a parent, guardian, or custodian, but only for the purpose of transporting the child home, to the home of a relative, or to another safe place, which may include a shelter care facility; or
(ii) when a child is found in surroundings or conditions which endanger the child's health or welfare or which such peace officer reasonably believes will endanger the child's health or welfare. If an Indian child is a resident of a reservation or is domiciled on a reservation but temporarily located off the reservation, the taking of the child into custody under this clause shall be consistent with the Indian Child Welfare Act of 1978, United States Code, title 25, section 1922.
(3) by a peace officer or probation or parole officer when it is reasonably believed that the child has violated the terms of probation, parole, or other field supervision; or
(4) by a peace officer or probation officer under section 260C.143, subdivision 1 or 4.”
Note: there are no exceptions for these limits.
Protective pat-down searches
When taking custody of a juvenile (child) for a curfew or truancy violation or for one of the other reasons specified in MN Statute section 260C.175 Subd. 1, the following provisions apply (MN Statute section 260C.175 Subd. 3):
(a) “Officers may perform a protective pat-down search of the child in order to protect the officer’s safety.
(b) A peace officer also may perform a protective pat-down search of a child in order to protect the officer’s safety in circumstances where the officer does not intend to take the child into custody if this section authorizes the officer to take the child into custody.
(c) Evidence discovered in the course of a lawful search under this section is admissible.”
Handcuffing, Searching and Transportation of Juveniles in Other Cases
In situations not described in this policy, juveniles shall be handcuffed, searched, and transported under the same rules and procedures as adults.
Definitions
Refer to the Commonly Used Terms page for general definitions.
- Body Worn Camera: Portable audio-video recording equipment designed to be worn on a person.
- Exigent Circumstances: the need to prevent imminent harm or to provide
emergency aid, to prevent imminent destruction or removal or evidence excluding
narcotics, when in hot pursuit of an individual who committed or is suspected of
committing a felony, or to prevent the imminent escape of a suspect
- Feasible: Objectively reasonably capable of being safely done or carried out.
- Juvenile: An individual who is under the age of eighteen (18) years.
- Limited English Proficiency: Designates individuals whose primary language is not English and who have a limited ability to read, write, speak, or understand English. LEP individuals may be competent in certain types of communication (e.g. speaking or understanding), but still be LEP for other purposes (e.g. reading or writing). Similarly, LEP designations are context specific. An individual may possess sufficient English language skills to function in one setting, but may find these skills are insufficient in other situations.
- Parent/Legal Guardian: "Parent" means the birth or adoptive mother or father of a child and does not apply to a person whose parental rights have been terminated in relation to the child. A legal "guardian" is a person who has been appointed by a judge or social services agency, to take care of a minor child (to include foster parents).
- Police Report: A report or statement in a report that sets forth the officer's account of an incident and is entered into the MPD's Records Management System.
- Search Warrant: A document issued by the Court authorizing the police to enter and search a person, premises, location or vehicle for purposes of evidence recovery.