New Resource on Juvenile Delinquency Investigations

The investigation of offenses subject to juvenile jurisdiction requires an understanding of how the law regarding juvenile investigations varies from the law that governs criminal investigations. I am happy to share Juvenile Law Related to the Investigation of Delinquent Acts, a new Juvenile Law Bulletin that details laws unique to juvenile investigations. This blog provides some highlights from the search and seizure section of the Bulletin. Fourth Amendment Protections Apply to Juveniles While it is well established that delinquency proceedings are civil in nature (In re  Burrus, 275 N.C. 517 (1969), G.S. 7B-2412), it is also well established that the Fourth Amendment protects all people from unreasonable search and seizure, including juveniles. Generally, this protection against unreasonable search and seizure applies to juveniles in the same way that it applies to adults who are subject to criminal jurisdiction. Probable cause is usually needed to obtain a warrant that authorizes a search unless an exception, such as an investigative stop, applies. However, searches of students that occur in school are subject to a different standard. Schoolhouse Searches Subject to Reasonableness Standard The United States Supreme Court initially established a reasonableness standard for searches conducted by school officials in a public-school setting in New Jersey v. T.L.O, 469 U.S. 325 (1985). The Court held that balancing the privacy interests of schoolchildren against the substantial need of school personnel to maintain order in schools does not result in a need for probable cause to conduct a search.  Instead, the search need only be reasonable. [...]