What are a Minor's Privacy Rights After Being Charged With a Crime
My question involves juvenile law in the State of: Indiana
My 16 yr old son was issued a summons for minor consumption & posession of alcohol while in the passenger seat of his 18 year old girlfriend's car. ( They came up on a DUI checkpoint & pulled into a resturaunt parking lot when they realized what they were coming up on.) a police officer @ the checkpoint saw that the vehicle had pulled into the parking lot & left the checkpoint to see why. There, my 16 yr old son & his 18yr old girlfriend were found w/ some alcohol in the vehicle & both were given breathalizer tests. My son blew a .015 & his girlfriend blew a .014. They were both issued a summons for illegal minor consumption & posession of alcohol containing a court date. My Son's girlfriend hadn't told her parents the details of the incident, including that she was w/my son. Today, her Mother calls the Prosecutor's office to ask a few random questions pertaining to the incident & summons issued to her daughter. The Prosecutor's secretary read the police report to her over the phone, & named my son, by his name. Again, he's 16, never been in any trouble & hasn't even gone to court yet. My question is, does the fact that he is a minor child allow him certain privacy in our state? Can the prosecutor's secretary refer to him by name to anyone who calls & asks questions? I don't understand this. It's always been my understanding that when a minor has been 'arrested' for a non-violent crime, where there are no victims, that is information that is not made available to the public. Please respond if you have the answer to these questions. Thank you!
Re: Disclosure of Information A/B a Minor Charged W/Minor Consumption of Alcohol
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Nikki10
My question involves juvenile law in the State of: Indiana
It's always been my understanding that when a minor has been 'arrested' for a non-violent crime, where there are no victims, that is information that is not made available to the public. Please respond if you have the answer to these questions. Thank you!
Your understanding appears to be incorrect. Indiana, like pretty much every state, has a provision for public access to government records. It is pretty detailed in terms of what records the public may obtain and what records are protected from disclosure. Part of that Act deals specifically with the records of persons who are arrested or summoned for any offense. Indiana Code section 5-14-3-5(a) states:
(a) If a person is arrested or summoned for an offense, the following information shall be made available for inspection and copying:
(1) Information that identifies the person including the person’s name, age, and address.
(2) Information concerning any charges on which the arrest or summons is based.
(3) Information relating to the circumstances of the arrest or the issuance of the summons, such as the:
(A) time and location of the arrest or the issuance of the summons;
(B) investigating or arresting officer (other than an undercover officer or agent); and
(C) investigating or arresting law enforcement agency.
As you can see, it makes no distinction whatsoever based on the age of the person arrested or summoned. Thus, it appears that not only was the police agency allowed to disclose that information about your son, the state statute required that the agency release it upon request without regard to your son’s age.