Judge Lee Elkins
Despite a motion for continued detention under Family Court Act §307.4(4)(c), the court released two detained juveniles. Uniformed officers took two 13-year-old respondents into custody in connection with an alleged robbery occurring on the same date. The court noted the juveniles were in custody for nearly 39 hours before being produced in court. FCA §305.2 states that an officer taking a child into custody must immediately notify the child’s parent and must release the child to the parent’s custody or “forthwith” take him directly to Family Court without first going to the precinct. There is a limited exception in which §305.2(4)(b) allows an arresting officer to take a child to a facility designated as a suitable place for necessary questioning, or to the child’s resident and question him there for a reasonable period. The court noted the juveniles were not produced before a judge until 39 hours after their arrest, concluding such prolonged detention unrelated to their initial arrest or any need to question them violated the statutes. It stated any statutory justification to detain them was exhausted 12 hours after their arrest, but as they continued in detention for another 24 hours thereafter, they were entitled to release.
