Broward Sheriff's Office Standard Operating Procedures PDF

BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 8.4 CUSTODIAL INTERVIEW OF JUVENILE: (CALEA 44.2.3) A. Deputies taking a juvenile into custody for a criminal violation will...

BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 8.4 CUSTODIAL INTERVIEW OF JUVENILE: (CALEA 44.2.3) A. Deputies taking a juvenile into custody for a criminal violation will make a reasonable effort to notify the juvenile's parent or legal custodian of the charges and the juvenile's location before any interview. This will include at a minimum, placing a telephone call to the parent at both the parent's home and place of employment. The interviewing deputy will inform the suspect and any parent or custodian present of BSO and juvenile justice procedures as it relates to their case (e.g., interview procedures, juvenile release procedures, or transportation to JAC). (CALEA 44.2.3a,c) B. Deputies will note in the Event Report and/or investigative action report that notification was made to the juvenile's parent or legal custodian. The notation will include pertinent contact information (name, time, etc.) as well as the response of the parent or custodian. C. In the event that notification is not made with the parent, attempts to do so will be documented in the Event Report and/or investigative action report. D. Constitutional rights (per Miranda decision) will be given before any interview. If possible, these rights should be given in the presence of the parent or legal custodian. (CALEA 44.2.2c) E. Whenever possible, the Statement of Rights form (BSO RP#17) should be fully executed by the questioning deputy and subject juvenile. If Miranda is given verbally, it must be witnessed by a second deputy and properly documented in the deputy's report. F. Interviews will be of a reasonable duration using a minimal number of deputies to conduct the interview. (CALEA 44.2.3b) G. Consent of the juvenile's parent, legal custodian, or caretaker or homemaker is desired, but not essential provided the juvenile is capable of understanding the juvenile's rights and its significance. Factors considered include the juvenile's age, marital status, education, and intellectual level. These factors should be included in the investigative report and if possible in the confession. (CALEA 44.2.3a) H. Employees dealing with juvenile offenders, victims, and witnesses will use the least coercive methods possible to complete their assigned case. All current cases and statutory laws will be observed to conduct investigations within the framework of lawful and professional law enforcement behavior. (CALEA 44.2.1) I. Juvenile offenders will be handled in any of following ways: 1. Outright release with no further action to parent or parents, custodian, or responsible adult (CALEA 44.2.1a) 8.4 1 Oct 05  BROWARD SHERIFF'S OFFICE DEPARTMENT OF LAW ENFORCEMENT STANDARD OPERATING PROCEDURES 2. Juvenile referral with release to parent or parents, custodian, or responsible adult 3. Juvenile referral to JAC (CALEA 44.2.1c) J. The burden will lie with the deputy to clearly demonstrate that: 1. Constitutional rights were properly given (CALEA 44.2.2c) 2. Juvenile justice system procedures were explained to juveniles (CALEA 44.2.3c) 3. Juveniles understood their rights (CALEA 44.2.2c) 4. Juveniles waived their rights knowingly and intelligently (CALEA 44.2.2c) 5. Juveniles' statement and cooperation were made freely and voluntarily K. Juveniles' interview must be for a reasonable length of time. (CALEA 44.2.3b) NOTICE This Standard Operating Procedures is considered law enforcement sensitive and contains certain information that is exempt under Florida Public Records Law. Outside or public requests for information from this Standard Operating Procedures must be directed to the Office of the Inspector General for review and redaction, if necessary, prior to disclosure. 8.4 1 Oct 05