43
Arrest of a Juvenile
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A juvenile may be arrested on a warrant issued on either a
complaint or a
juvenile information. When arrest is unnecessary, the court may be
asked to
issue a summons on the complaint or information. In either case,
it is advisable
to have the complaint and/or information placed under seal to avoid
public
disclosure of the juvenile's identity.
By statute, the officer arresting a juvenile is required to
advise a
juvenile of his rights in language intelligible to a juvenile, and
must
immediately notify the Attorney General (notice to the United
States Attorney is
sufficient) and the juvenile's parent, guardian, or custodian of
the arrest. The
arresting officer is also required to notify the parent, guardian,
or custodian
of the rights of the juvenile and of the nature of the alleged
offense. The
juvenile must be taken before a judicial officer as soon as
possible and, in any
case, within a reasonable period of time. 18 U.S.C. § 5033.
The duties and
limitations on magistrates are set forth in 18 U.S.C. §§
3401(g) and
5034.
[cited in USAM 9-8.140] | |