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_SENSTTEVE__ Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 by the arrested juvenile concerning his/her own guilt should be recorded in the Agent's notes for use in subsequent proceedings, and clarifying questions may be asked as necessary to make certain what the juvenile intends to say. The volunteered statement may be reduced to writing if such action does not involve any delay in the juvenile's appearance before the magistrate. |A| juvenile|may always|be questioned concerning the guilt of someone else if such questioning does not cause any delay in bringing him/her before the magistrate. These requirements apply only from and after an arrest of juvenile, as defined by federal law for a federal offense. They do not apply when the juvenile is still a suspect for a federal offense under arrest by state or local officers on a state or local charge. (See (1) |above.) | (See MIOG, Part 2, Section 4-2.2.5.) (6) Fingerprinting and Photographing - Agents are not to fingerprint or photograph a juvenile unless he/she is to be prosecuted as an adult. Because usually it will not be known at the time of arrest whether the arrestee will be prosecuted as an adult or handled as a juvenile offender, Agents are not to fingerprint or photograph a juvenile without consent of the judge. The law requires, however, that following the adjudication of delinquency by the court where the juvenile has been found guilty of an offense which, if committed by an adult, would be a felony that is a crime of violence or a violation of Title 21 USC, Section 841 (manufacturing, distributing, dispensing of a controlled substance or possession with the intent to do same), Section 955 (possession of controlled substances on board vessels arriving in or departing the United States) or Section 959 (manufacture or distribution of controlled substances for purpose of unlawful importation), fingerprinting and photographing of the individual shall take place. Following such a finding of delinquency, Agents should coordinate the fingerprinting and photographing with the U.S. Marshals Service. (See 6-4.8 and MIOG, Part 2, Sections 4-2.2.3 and 14-8.1.4.) (7) Press Releases - Agents are prohibited from making public either the name or picture of the arrested juvenile. A press release concerning the arrest of a juvenile is permissible if carefully worded to contain no identifying information. (See MIOG, Part 2, Section 4-2.2.4, and MAOP, Part 2, Section 5-2.1 (3).) **EEEDte: 01/22/2004 MCRT#: 1318 Div: D9 Cav: SecCls: SENSE Printed: 05/05/2004 13:08:54 Page 16