Constitutional Rights of Minors in Juvenile Delinquency Cases

A former Superior Court judge based in Oakland, California, Paul Seeman served as the chairman of the Alameda County Collaborative Juvenile Court. Leveraging his background in juvenile cases, Paul Seeman presided over numerous dependency and delinquency hearings. 

The US Constitution has established certain rights that juveniles are entitled to in the course of delinquency proceedings, many of which have been upheld by the US Supreme Court. Here are just a few:

Probable cause needs to be established before a minor can be arrested or searched. Police officers cannot arrest or search a minor suspected of committing a criminal offense until probable cause has been demonstrated. However, a minor can be temporarily detained or searched by persons with quasi-parental relationships, such as teachers, on reasonable suspicion of committing a criminal offense. 

Minors in custody have the right to a phone call. They can call their parents, guardians, or an attorney. Minors have the right to representation by an attorney. If minors cannot afford one, an attorney appointed by the state should represent them. They also have the right to be informed of the charges against them and cannot be compelled to give evidence against themselves.

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