Miscellaneous

Question 1

Demurrer

Answer 1

PC 1004 does not apply, but can file demurrer if it appears from the face of the petition that it is barred by the statute of limitations or the petition provides inadequate notice

Question 2

Restraining Orders

Answer 2

WIC 213.5 states that protective orders in juvenile DV cases must comply with Family Code 6300 (affidavit or testimony shows harassment or past abuse) and all other juvenile cases must comply with CCP 527 (evidence of violence/threat of violence)

Question 3

Search and Seizure on School Grounds

Answer 3

Reasonable suspicion is all that is required for a school official to perform a search

Question 4

Detention of Truants

Answer 4

If found away from home, police may take truant home or to school and may be searched incident to arrest. Can be detained up to 12 hours to clear warrants or up to 24 hours to locate parents.

Question 5

Custody Standard for Juveniles

Answer 5

The age of the juvenile, if known or objectively apparent to the officer, may be considered as a factor in determined whether or not they were in custody for Miranda purposes

Question 6

Invoking Right to Counsel

Answer 6

Youth must specifically ask for counsel; asking to speak to a parent is insufficient. However, WIC 625.6 requires that a juvenile under 16 speak to an attorney before any Miranda waiver; this includes questioning re: Gladys R capacity.

Question 7

Standard for Invocation of Right to Counsel

Answer 7

=Totality of Circumstances, based on youth’s age, intelligence, education, and ability to comprehend (In re John S)

Question 8

Involuntary Confession

Answer 8

Youth’s age, sophistication, emotional state, and prior experience with system may be considered (In Re Shawn S)