Laws Regarding the Arrest of Minors in Michigan
Michigan laws regarding the arrest of minors apply to any person age 17 or younger. Police officers may arrest and detain any juvenile if they believe he has committed a felony, a misdemeanor or status offense. Police officers are required to notify a minor's parent or guardian about the arrest as soon as possible. The arrest and detention of minors is governed by a separate set of laws and depends on the offense and status of the minor involved.
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Arresting a Minor in Michigan
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Law enforcement officers in Michigan, as in most states, have different standards when arresting minors than they do adults. As a matter of common law, not Michigan statute, minors can be arrested even if only reasonable cause exists that the minor has committed a offense. Case law confirms juveniles, unlike adults, may be arrested without a law enforcement officer personally observing a misdemeanor. A juvenile can be arrested on reasonable cause for the commission of a status offense, or an offense based on age. Court orders can be also issued for the arrest of a minor upon absence from school or another facility where they are required or expected to be.
Types of Offenses
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Juveniles can be arrested and taken into custody in Michigan for penal or status offenses. Penal offenses are violations of the law designated as either felonies or misdemeanors regardless of whether they are committed by an adult or minor. Status offenses are violations of the law only when committed by minors, such as truancy or running away from home (Michigan Compiled Laws 712A.30). Minors can also be detained if they are considered to be in danger or are a danger to others, according to Michigan Court Rule 3.903(B)(3).
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Parental Notification After Arrest
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Law enforcement officers in Michigan are required to make at least an attempt to notify the minor's parent or guardian immediately after an arrest, according to Michigan Compiled Laws 712A.14(1). If a parent or guardian cannot be contacted, or if the parent refuses to take custody of the juvenile, the arresting officer must contact family court.
Rights of Minors After Arrest
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If a minor arrested in Michigan is not immediately released, the juvenile and a parent or guardian must appear for a preliminary court hearing to decide a course of action. The parent and child have the right to an attorney at the hearing. At all stages of custody, the minor cannot be detained in any place with adult criminals. Minors also cannot be transported with adults accused of crimes or serving penalties for convictions. These rights and regulations are specified in MCR 3.933(D), MCL 712A.16(1) and MCL 712A.14(2).
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