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43. Arrest Of A Juvenile

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 JM 9-8.140]

Updated January 16, 2020