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15 yo out after curfew

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What is the name of your state? IL

My 15 yo son was arrested for being out after curfew. Because there have been recent petty burglaries in the neighborhood recently, the officers came to our house and asked to search his room and our garage. I let them, and they didn't find anything incriminating, but they did charge him with "out after curfew". They stated we would be hearing from a juve officer this week.

Is this something that he will likely have to go to court for? Is it likely punishable in some way?

Thanks--
 


xylene

Senior Member
Job_Hunting said:
Because there have been recent petty burglaries in the neighborhood recently, the officers came to our house and asked to search his room and our garage.
You let police officers, without a warrant, search your house for unspecified items...

:rolleyes:

You're a freakin genius.

Only about a 1001 ways that could have gone badly.

Smarten up.
 

CdwJava

Senior Member
xylene said:
You let police officers, without a warrant, search your house for unspecified items...

:rolleyes:

You're a freakin genius.

Only about a 1001 ways that could have gone badly.

Smarten up.
Yeah, Heaven forbid a parent is willing to hold their kid's feet to the fire! :rolleyes:

- Carl
 

xylene

Senior Member
CdwJava said:
Yeah, Heaven forbid a parent is willing to hold their kid's feet to the fire! :rolleyes:

- Carl
If police officer had said...

"We have X and X reason to believe your son was involved in this (or these) specific burglarlies, and have good reason to believe your son is in possession of "specifically enumerated items"...

My opinion (and that of thejudge who would more than likely issue a warrant... making my opinion irrelevant) would be... Maybe I would consider the situation.

Consenting to a police fishing expedition for anyhting and everything because there were some 'petty thefts' is neither good parenting nor sensible (on behalf of the police or this man.)

I am quite certain their are several hundred objects (or more) in my home that have enough value that someone could want to steal them. And no I don't have proof of ownership of them.

No I don't have the receipt to the rachet set my dad gave me, and last time I checked PLENTY of people have craftsman tools... :rolleyes:

If policeman said, I am looking for an torque wrench engaved "To my brother Budd, the only man I ever loved, Bill." then I might say "Well thats specific enough to exclude the items I own.

But "Some stuff from break ins around the neighborhood...."

THAT ISN'T SUFFICIENT.

Carl, do I think this kid is in trouble? Yes. I agree with you. But that has nothing to do with a warrantless search of kids room and the garage. I will say that, perhaps, as a professional law enforcement officer you enjoy a certain level of affinity and decorum with other law enforcement professionals. The ordinary citizen does not enjoy that, at least not to the degree that consenting to a warrantless search of the home for unspecified items is wise.
 

CdwJava

Senior Member
xylene said:
If police officer had said...

"We have X and X reason to believe your son was involved in this (or these) specific burglarlies, and have good reason to believe your son is in possession of "specifically enumerated items"...

My opinion (and that of thejudge who would more than likely issue a warrant... making my opinion irrelevant) would be... Maybe I would consider the situation.
Then I guess we differ. I'd rather have the cops be cooperative than risk a very ostentatious show of cops raiding my house on a search warrant later on. When dealing with juvenile matters, cooperation can often make the difference between a serious prosecution or diversion.

But, if you really prefer lots of cop cars outside and a half dozen fellows tossin gthe entire house rather than his room, that is your call to make.

Consenting to a police fishing expedition for anyhting and everything because there were some 'petty thefts' is neither good parenting nor sensible (on behalf of the police or this man.)
We get cooperation on this all the time. Fortunately, many parents like to hold their kids' feet to the fire. And, the parents of these kids tend to know that their kid needs to be on a tight leash or he is doomed to a life in custody.

No I don't have the receipt to the rachet set my dad gave me, and last time I checked PLENTY of people have craftsman tools... :rolleyes:
Since I do this all the time, I can tell you that we would not be yanking things that are questionable. if the cops are asking, they are likely asking because there are some key items they are searching for. Plus, YOU may have a neat Craftsman tool set, but would your little darling have such a set and some power tools under his bved in his bedroom?

But "Some stuff from break ins around the neighborhood...."

THAT ISN'T SUFFICIENT.
The cops are not necessarily going to spell out the specific items. They might have, they might not have. Sometimes I do, sometimes I don't. And usually I ask becauise I do not have enough for a warrant and I'd like to exclude or include the kid as a suspect. Many parents say "go ahead" because they DO want to exclude their kid ... or, because they know their kid is a ne'er-do-well and they want to show that they are not going to permit their kid to keep on the road to ruin.

Carl, do I think this kid is in trouble? Yes. I agree with you. But that has nothing to do with a warrantless search of kids room and the garage. I will say that, perhaps, as a professional law enforcement officer you enjoy a certain level of affinity and decorum with other law enforcement professionals. The ordinary citizen does not enjoy that, at least not to the degree that consenting to a warrantless search of the home for unspecified items is wise.
I disagree. I enjoy a great deal of cooperation with most the parents in my community. Perhaps it is a function of the fact that most the parents here know their kids are problems when they are, or the fact that I know most the parents as we all attend the same school functions, have kids in sports, and have many contacts due to the problems with their kids. But I almost never get such a request denied. In fact, I can't even recall the last denied request.

But, I can say that if I do get a denial, it is usually from parents that have something to hide ... and usually that isn't a problem because mom and/or dad are already on probation and I am going in anyway.

- Carl
 

ENortham

Junior Member
I really hate the notion that if you (all within the confines of your rights) deny the search of your car or house you're so quickly considered uncooperative. Good lord, why are we allowed to say no if it just makes us suspicious enough to allow for some kind of warrant in the near future anyway?
 

You Are Guilty

Senior Member
ENortham said:
Good lord, why are we allowed to say no if it just makes us suspicious enough to allow for some kind of warrant in the near future anyway?
Well that's an easy one. In all 50 states, it doesn't. Hell, you can see an officer and run away and that doesn't constitute PC in some states.
 

CdwJava

Senior Member
ENortham said:
I really hate the notion that if you (all within the confines of your rights) deny the search of your car or house you're so quickly considered uncooperative. Good lord, why are we allowed to say no if it just makes us suspicious enough to allow for some kind of warrant in the near future anyway?
Well, *I* never said that saying "No" allowed for a warrant. However, cooperation is often the path to good relations and a positive result in court. The cops - like everyone - want to get their job done and move on. If they have enough for a warrant, then denying consent only takes time to overcome ... and possibly results in a seizure of the property pending the warrant. However, usually all it would do would be to make the cops suspicious and provide for added scrutiny of the juvenile and the activities at the home.

It is human nature to take affront or be suspicious when someone refuses to allow you something that you want ... it does not add to the cause for a warrant, but it is certainly reasonable and lawful for an officer to raise an eyebrow and become suspicious.

We are PAID to be suspicious - it's how we catch crooks and solve crimes.

- Carl
 

xylene

Senior Member
ENortham said:
Good lord, why are we allowed to say no if it just makes us suspicious enough to allow for some kind of warrant in the near future anyway?
It only makes you suspicious in the minds of the Carls who think we should either be on tight leashes or in custody.

Refusing a search doesn't make you a criminal, nor is it evidence that strentghens the case for a warrant.

But only criminals already on parole or probation want to not cooperate with the police, and they already have the state's tight leash around there neck.

And consent, giving it doesn't change where anyone stands or exlcude anyone as a suspect either. :rolleyes:
 

CdwJava

Senior Member
You Are Guilty said:
Well that's an easy one. In all 50 states, it doesn't. Hell, you can see an officer and run away and that doesn't constitute PC in some states.
Yep.

I laugh - and then cringe - when I see younger officers (rookies) take off after runners from the street corner. I have to yell after them to ask, "What are you charging him with when you catch him?" If they answer "Resisting or delaying a peace officer!" I have to have a serious sit-down with them.

Contempt of cop is not a crime. But, there WILL be another day. And NEXT time, be able to articulate what municipal code or other section he violated to justify the detention to begin with ... THEN when he runs, he committed a crime!

- Carl
 

ENortham

Junior Member
I'd rather have the cops be cooperative than risk a very ostentatious show of cops raiding my house on a search warrant later on. When dealing with juvenile matters, cooperation can often make the difference between a serious prosecution or diversion.

But, if you really prefer lots of cop cars outside and a half dozen fellows tossin gthe entire house rather than his room, that is your call to make.

sorry, I took that to say that if you aren't cooperative and say NO you cannot search my house then they will be risking a ".....^.....".
Terribly disheartening.:eek:
 

CdwJava

Senior Member
xylene said:
It only makes you suspicious in the minds of the Carls who think we should either be on tight leashes or in custody.
Oh yeah ... that's me - Captain fascist. :rolleyes:

Refusing a search doesn't make you a criminal, nor is it evidence that strentghens the case for a warrant.
Correct. And I never said it did. But, it also does not mean that the officer cannot increase his suspicions.

But only criminals already on parole or probation want to not cooperate with the police, and they already have the state's tight leash around there neck.
Generally. This is why consent is very often given. Most people who have nothing to hide - or who are trying to get help keeping their kids on the straight and narrow - give consent.

- Carl
 
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