what are the proper procedures when arresting a minor?

This is a discussion on what are the proper procedures when arresting a minor? within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; Me (20 years old) and my brother (16 years old) were at my parents house when an officer knocked on our door wanting to talk to my brother. he cooperated ...

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  1. #1
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    what are the proper procedures when arresting a minor?

    Me (20 years old) and my brother (16 years old) were at my parents house when an officer knocked on our door wanting to talk to my brother. he cooperated and stepped outside to talk. the officer grabbed him and tried taking him to his car. my brother refused and said they could talk on the porch. the officer grabbed him more violently and started pushing him towards his car without even saying anything. thats when I started walking towards them and the officer said if i got any closer he would tase me. he then put my brother under arrest without reading his rights. he then walked over to me and let me know he was arresting him for delivery of marijuana, but did not let me know where he was taking him. he also threatened me by saying that he could take our house away at any moment. also my parents were NOT notified that he was put under arrest and actually had a hard time finding out where exactly they had taken him. Did this police officer do everything by the books? or should i pursue this further?


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    The officer is supposed to read the miranda rights when placing an individual under arrest. However unless your brother confessed to something, it may not necessarily be a relevant issue. I would consult with a local criminal law attorney who can prepare a defense for your brother (and can use the improper procedures by the police officer as part of the defense).
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    Your brother appears to have volunteered enough information prior to arrest, to get him arrested. Miranda only applies after the point he was actually arrested. Anything he said from that point on, could be thrown out. He needs a lawyer.


 

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