[jjklsr]

Are police or probation officer required to give juveniles their rights before questioning, searching or arresting them? Is there a chain of custody set up for taking a urine sample to be tested? When does it stop being a job and becomes harassment? The probation officer during every meeting starts with tell me what you take and I will go easy on you. Every test has came back negative when she is there to watch, but positive when they are out of her site.

[excon]

Hello jj:

If a probation officer is doing the searching, one can presume that a criminal conviction has preceded the search, and one of the conditions of probation is that the probationer will submit to a search upon request.

A juveniles rights, just like an adult's are different BEFORE a conviction. There SHOULD be a chain of custody. The PO's job IS to harass his charges. I know, that SHOULDN'T be their job, but it really is. And no, it's not fair.

If this child is being cheated, the child needs an attorney.

excon

PS> I'll bet there are published policy and proceedures for the Probation Department, that covers these very subjects. I'll bet you could get a copy. I'll bet just asking for a copy, might get this po's attention...

[s_cianci]

If they intend to try you as an adult, then yes, they have to give you your rights. If they are treating you as a juvenile, then no. If you're presently on probation in lieu of jail for a criminal conviction then you really have no option other than to go along with the system.

[Fr_Chuck]

Each state is so very different on Juvenile rights, in GA for example unless being charged in adult court, while people say they are charged with this or that, in general it is all in family court and considered deliquent or not because of the crime they did. It is not a matter of guilt or innocent, in fact the court is looking at what is best for the child, even if they may be innocent but the reason they were in a situation could be considered a problem, the court can still rule to take the child out of the home.

So while most police will read a person their rights if they are going to question them ( at arrest) they don't have to be read any rights at arrest,
Or when searching, just at questioning, and then if they don't, what they say just can't be used against them, it does not destroy the arrest normally.

Now a probation officer is a totally different issue, the person is already found guilty, so they have less rights since a probation officer is merely inforceing the probation. They can search if they have a reason to anytime they want without a warrant normally ( they may have to show their reason latter if court if something is found) because normally the terms of probation gives them that right. And the probation officer can question them without giving them any rights, since this is merely a follow up for violatioin of probation, and not used in a court for conviction merely to violate probation which has much looser standards than starndard evidence in many areas. Example you have have your probation violated for being arrested, if you are latter found not guilty, they can still keep your probation violated just because you were charged even if found not guilty latter.

And yes a probation officer will read you a riot act most times you go in, to be sure you take them serious.

And there is always a chain of evidnece in evidence Remember your urine sample will not be evidence in a trial, merely a hearing to violate your probation, so while they will sign off on it, and seal it to mail it ( if they mail it) again the standard for evidnece may not be as high as in a criminal trial.

And a family should always have an attorney for their child in the system,
But normally most juv probation people actually love kids and try their best to scare and force them to do better