G8.4.2 Custodial Interviews of Juveniles
Chapter: Chapter 08: Arrestee Processing and Transportation
Sub-Chapter: 8.4 - Juveniles
Effective Date: 10/26/2023
Revised Date: 10/26/2023
Rescinds: None
Purpose
To describe the additional procedures the Indiana University Police Department (IUPD) will follow when conducting interviews and interrogations with juveniles.
General Order
Juveniles are afforded additional protections under federal and state laws when questioned by law enforcement officers. Officers will ensure that the juvenile’s constitutional rights are protected at all times. This general order supplements the procedures described in G2.2.1 Interviews and Interrogations.
Definitions
Interrogation – A questioning session pertaining to material facts of a crime or incident which occurs any time a person being questioned is in custody or otherwise detained and believes that they are not free to leave or walk away from the questioning session.
Interview – A questioning session pertaining to material facts of a crime or incident which occurs when the person being questioned believes that they are free to leave or walk away from the questioning session.
Any doubt as to whether a questioning session is an interview or an interrogation will be resolved in favor of an interrogation.
Place of detention – A jail, law enforcement agency station house, or any other stationary or mobile building owned or operated by a law enforcement agency at which persons are detained in connection with criminal investigations.
Conferring with parents or guardians (8.4.2 a)
Except in rare instances as described in Indiana Code (IC) 31-32-5-1, a juvenile is entitled to have a parent, guardian, custodian, guardian ad litem, or legal counsel with them prior to and during any interrogational questioning. Prior to any interrogational questioning, the officer will read and explain the F8.4.2-1 Juvenile Advisement & Waiver of Rights form to the juvenile and their parent, guardian, custodian, guardian ad litem, or legal counsel. The juvenile and their parent, guardian, custodian, guardian ad litem, or legal counsel will be provided with a reasonable amount of time for a meaningful consultation (i.e. private conference) free from police pressure. This conference will not be audio and/or video recorded under any circumstance. Officers will remain in a position to intervene should the juvenile attempt escape but will not interfere with or otherwise listen to or monitor their conversation.
Limiting the duration and number of officers involved (8.4.2 b)
Interrogations will be conducted for only a reasonable length of time. When determining the reasonable length of time, factors may include, but are not limited to, the juvenile’s age, maturity, level of education, mental ability, and seriousness of the offense. Interrogations will be terminated upon the request of the juvenile or the parent, guardian, custodian, guardian ad litem, or legal counsel.
Persons being interviewed or interrogated will be allowed to request an interruption to the interview or interrogation for the purposes of using a restroom, obtaining water or other type of reasonable comfort break. The officer conducting the interview or interrogation will grant any reasonable request for a break.
Juveniles being held in a secure facility (as defined in IC 31-9-2-114) may only be held for up to six (6) hours from the time of arrest for the purposes of identification, processing, interrogation, transfer to a juvenile detention facility, or release to parents/guardians.
Typically, an interrogation would include no more than two (2) officers, with one (1) officer designated to ask the questions. Additional officers should only be present when necessary to control a combative or high-risk juvenile. Under no circumstance will additional officers be present for the purpose of intimidating a juvenile suspect into making false statements. Officers will not use physical abuse, intimidation, threats, or false promises in order to extract a statement or confession. In accordance with IC 31-30.5-1-6, officers will not provide materially false information or statements to the juvenile during the interrogation.
Recording of In-Custody Interrogations
All interrogations of juveniles reasonably suspected of committing an offense which would be a felony if committed by an adult will be electronically recorded (video and audio) whenever the interrogation occurs within a place of detention unless the juvenile and their parent, guardian, custodian, guardian ad litem, or legal counsel have agreed to respond to questions only if the juvenile’s statements are not recorded provided that such an agreement and its surrounding discussion is either electronically recorded or documented in writing.
Additional Procedures for Interviews
Non-custodial interviews with juveniles may be conducted for information gathering purposes. Any interview of a juvenile victim should be conducted by a limited number of officers. An individual who is specifically trained in juvenile interviewing techniques may be requested. During all juvenile interviews, the age, mental state, and circumstances surrounding the incident must be considered. In-depth juvenile interviews may be conducted with the approval of a parent, guardian, custodian, guardian ad litem, or legal counsel for status and delinquent offenses when a juvenile is not in custody. The parent, guardian, custodian, guardian ad litem, or legal counsel need not be present during such interviews.
Related Information
Indiana Code
- 31-30.5-1 Custodial Interrogations
- 31-32-5 Waiver of Rights
- 31-37-7-2 Detention of child committing acts that would be offenses if committed by adults
Indiana University Police Department
- G2.2.1 Interviews and Interrogations
- F8.4.2-1 Juvenile Advisement & Waiver of Rights