Juvenile Stopped for Municipal Ordinance, Curfew Violation, Can Be Legally Searched
In a new case that came down before the Appellate Division, a juvenile who is discovered on the streets, in violation of a town curfew ordinance and who cannot provide any identification, may be arrested and detained until identification can be produced and the juvenile released to the custody of his or her parents. The case is titled, State in the Interest of R.M. Further, a juvenile who is arrested and charged for a curfew violation may be searched incident to arrest before being transported to the police station.
In this case, the juvenile was stopped for a curfew violation and when the police searched him pursuant to the search incident to arrest exception to the warrant requirement, they found a stolen wallet. The juveniles were found walking on the street at 2:00 a.m. and the town's curfew was 11:00 p.m. Clearly the juveniles were in violation of the ordinance. Therefore, the Court held that the juveniles could be arrested under the authority of N.J.S.A. 2A:4A-31(b)(2). This statute authorizes a law enforcement officer to take a juvenile into "short-term custody" if he "has reasonable grounds to believe the juvenile has left the home and care of his parents or guardian without the consent of such persons."
The next question, which will not be decided by this Court since it wasn't argued, is whether the State can Constitutionally impose curfews upon minors. My guess is that under the protection of minors, a State or United States Supreme Court would uphold that the state has a rational basis in imposing a curfew and thus it would be deemed Constitutional.
