Legal Question in Criminal Law in New Jersey
juvenile field interviews
can police stop and obtain personal information; name address phone ect. for the mere compaint of standing on a street corner in an area that has no crime indicators? The police then advise the kids to move along and not hang out, all before the curfew of 10:00pm
2 Answers from Attorneys
Re: juvenile field interviews
Well, the question is really whether the juveniles were arrested afterward. Under the famous Terry caselaw, the police can stop and question if they have an "articulable suspicion", which is a low standard. The juvenile might have been able to get away with not responding, but if he was not doing anything, better to just answer the question. If, for example, the police had asked to see inside their trunk, that would be a different story. But under the facts, if there is a complaint, that's probably enough for a "stop and question".
Daniel Cevallos
Law Offices of Daniel L. Cevallos, PC
1420 Locust Street, Suite 24Q
Philadelphia, PA
19102
Re: juvenile field interviews
The real question here is, what will you do about it if it is illegal? Your going to have a tough time finding a lawyer that will take your case.
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