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Children and Juvenile Law, Keyed to Feld, 6th Ed.
Alfredo v. Superior Court of Los Angeles County
Citation:
6 Cal. 4th 1212, 26 Cal. Rptr. 2d 623, 865 P.2d 56 (1994)Facts
On July 24, 1991, petitioner Alfredo A., a 16-year-old minor, was taken into custody without a warrant on suspicion of possessing cocaine base for sale. The Los Angeles County Juvenile Court had previously adopted an “official position” that the 48-hour probable cause determination rule from McLaughlin did not apply to juveniles. California’s juvenile detention statutes provide various procedures designed to ensure early release when possible, including requirements that arresting officers prepare a written probable cause statement within 24 hours, that probation officers immediately investigate and release minors unless specific conditions exist, and that detained juveniles receive a formal detention hearing within 72 hours of arrest (excluding non-judicial days). These procedures incorporate broader considerations than mere probable cause, including the minor’s family situation and the best interests of both the minor and the community. After Alfredo filed his challenge, a wardship petition was filed, but he was released when he appeared in court five days after his arrest because no detention report had been provided.
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