01-28-2002 Council Packet - Laserfiche WebLink

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1 January 01 .2001 LEGAL NEWS YOU CAN USE From thf Office Hennepin County Attorney JUVENILE INFO Hennepin County Juvenile Attorney Patricie Rogan, Hennepin County Attorney’s office and Juvenile Liaison for Orono, has provided the following information. A child does not have the right to have a parent present during questioning. A parent does not have the right to be present. It is up to the officer. Regarding the waiver of rights. The court will look at the entire circumstance to determine if the waiver is voluntary. The age. circumstances, the understanding of the juvenile and the life experience of the juvenile. There Is no limitation on questioning at schools. There are no rights to having a parent present. There may be a school district policy, however legally it is up to the officer. (NOTE: The Orono School District does have a policy about contacting parents before questioning the juvenile at school). We do try and follow their policy whenever possible. It is OK to fingerprint and photograph all juveniles. JDC is run by the probation department, not the sheriffs department. They have their own set of booking criteria, it is not always followed. Monday through Friday, daytime hours officers can contact Hennepin County Juvenile Officer of the day if there is a problem with JDC holding a juvenile. The officer of the day will contact the probation supervisor and attempt to get the juvenile held. After hours the best bet is for the officer to speak with the JDC supervisor. KIDS & CARS To successfully prosecute motor vehicle theft (MN Statute 609.52 subd. 17) two elements must be proven. (1) The suspect took or drove the vehicle without er's consent, and (2) The suspect knew, or had reason to know, the owner did not give consent. Typically, the driver will be charged with theft of the vehicle and the juvenile passengers will be cited for motor vehicle tampering. For motor vehicle tampering (MN Statute 609.546), which includes joy riding, the passenger must have, either (1) Knowingly rode in a vehicle taken without permission, or (2) Tampered with, entered or attempted to enter a vehicle without permission. The passenger need not have been present at the time the car was actually stolen. A passenger may be charged as an accomplice to the theft (MN Statue 609.05) if he or she aided, counseled, conspired or in any way participated In the theft of the vehicle. What You Need to Know: For both theft and tampering, what the suspect knew (or had reason to know) about the vehicle’s status is crucial to the prosecution. Your reports, including citation papenwork and accompanying documents, should highlight all facts that indicate the suspect’s knowledge. Whenever possible, you should obtain statements from the driver and all passengers. Statements about ownership of the car. where and from whom it was obtained, who was present when the car was taken, and whether any passengers had previously seen the driver driving the car, are valuable in providing elements of theft and tampering. Physical damage to the car will help prove the driver or passengers knew, or had reason to know, the car was stolen. Look for; - a “peeled" steering column, - visible wires indicating the car was “hot wired," - motor running with no keys in the ignition - damage to locks, or - a broken window I