The Law and You

Dealing with Police
The police have the general right to stop you for questioning and to ask for an explanation of our conduct. The police also have the right to request that you produce identification. If you do not have any identification on your person, it is not a crime. However, if you are arrested or engaging in suspicious behavior, the police can detain you until they find out who you are.

In any event, do not give the police officer a false name or the name of another person because this can be a crime. Be honest if an officer questions you regarding your name and address, and the reasons why you are there.

What is curfew and what are the consequences if I violate it?
A curfew is a law requiring young persons to be off the streets on or before a certain time. The trend in recent years has been to set different times for various ages, with younger persons being required to be off the streets at an earlier time than older persons. Some laws also provide certain exceptions. For example, if you are married, if you are out with a parent, or if you are going to or from work, the curfew may not apply to you. Check your local city laws for the particulars.

The consequences of curfew violation vary from area to area. Generally, curfew violations are status offenses. Depending on the specific wording of the ordinance defining the curfew, penalties can range from being escorted home b the police to being processed through the juvenile court system.

In Sturgis, South Dakota, the curfew is 10 p.m. for youth under the age of 16. The consequences in Sturgis would most likely be a 90-day diversion, informal probation.

Can the police make me leave a public place?
Yes, you can be evicted from a public place:

• If you are in a public place after the legal time set by the local government’s ordinance, the police have a right to force you to leave for violation of curfew;
• If you are engaging in disorderly conduct such as a brawl or fighting;
• Using offensive, obscene or abusive language;
• Engaged in boisterous and noisy conduct tending reasonably to arouse alarm, anger, r resentment in others.

Remember, you are engaging in any of these type of behavior, you may be committing a crime and may be arrested.

A police officer can also make you leave a public place at the request of the owner or manager of the business. An owner or manager of a business has the legal right to request that a person leave for any reason at all.

One of the most common places in which police officers must force teenagers to leave is a shopping center/mall. Not only do police officers have the right to force you to leave a public place if you are causing some sort of disturbance, but also security personnel within that public place have the right to make you leave.

Can police take my picture without my permission?
Yes, but only after you have been arrested. If you are arrested, you will be taken through what is called a “booking” process which is the entry of your arrest in the official police records. The booking process includes fingerprinting and photographing the person arrested.

When can police take money or possessions from me?
Generally, the police can only take money or possessions from you without your permission when you are arrested or through an order of the court. When you are arrested, the police will take all of the belongings you have with you and hold them until you are released.

You will receive a receipt at the time of your arrest detailing the items that are being held for you. This ensures that you receive all of your belongings back when you are released.

There are a number of other times the police may seize your property and/or money. Generally, these items must be evidence in a crime investigation and cannot be taken without written permission from the court.

There may be an occasion when you voluntarily give money to the police. An example of this type of situation may be when you are paying a fine. Always be sure to receive a receipt for any exchange of money with a police officer.

How cooperative must I be with the police?
In an encounter with a police officer, bear in mind hat ordinarily the officer will not know you. The officer’s observations of your demeanor and conduct affect his or her assessment of your credibility – an important factor in deciding whether or not to arrest you. The quickest way to assure your arrest is to act in a belligerent or hostile manner toward the police officer. Even though the police are trained to deal with difficult situations, they are also human and by negative interaction, you can tip the scales against you.

Furthermore, in any interaction with police, remember it is always in your best interest to remain calm, civil, and courteous and to avoid the escalation of hostilities.

The police have a very difficult task in enforcing the laws, and their status as police officers gives them the right to stop and detain you if they believe a crime is about to occur or has occurred. Anytime a police officer attempts to stop you, you should be cooperative. However, you are not required to answer police questions if you are suspected of a crime. By resisting or fleeing a police officer, you are committing additional crimes, which may lead to a forceful apprehension or even the use of deadly force against you. If you are polite and well mannered, you are less likely to be injured, restrained further, or have additional criminal charges filed against you. You should always be quiet and avoid talking to anyone other than your attorney. Small talk with other people in the jail may come back to haunt you later.

When can the police search my car, my house, or me? Must they have a search warrant?
Usually the police need a warrant to search either you or things you own, such as your car and house. If you are ever handed a search warrant, you should read it carefully to make sure the police have the right person and correct address, and that the judge’s name and signature are included. The warrant should also tell you what the police are looking for and what they have a right to search. However, sometimes a warrant is not needed. Here are a few examples of when a warrant is not needed by a police office:

• If you are lawfully arrested, the police may search you and the area within your immediate reach and control.
• If the police reasonably believe that you are armed and dangerous, they may frisk you.
• If the police are in hot pursuit, they may pursue you without a warrant.
• If the police have a reasonable belief that you have contraband in your car or have evidence of a crime in the vehicle, they may search your car without a warrant. Further, if you are arrested, the police may do an inventory search to identify all articles in your car.
• In emergency situations that could involve the loss of life or serious injuries, the police may conduct a search.

Remember, a minor child living with parents is under their supervision and care, so parents can consent to a search of the child’s room even though the child has not consented to such a search.

Can a police officer of the opposite sex search me?
If you are stopped, an officer of any gender may conduct a “frisk,” or pat-down search. In contrast, a full-body search should be conducted by someone of the same gender as the suspect. The procedure may be regulated by state law or by a local police department’s regulation. The policy in most South Dakota Law Enforcement Departments is that a full-body search should be conducted by someone of the same gender.

Juvenile - Adult
What is the difference between a juvenile and an adult according to the law?
A juvenile is any young person who is not an adult. Each state decides the age of juveniles. In South Dakota, a juvenile is anyone under the age of 18.

Juveniles have a court system that has been set up to handle only juvenile cases. This system is not the same as an adult court system. Juveniles are treated differently than adults by the court.

A Juvenile:

• Is always under 18 years of age.
• Can be referred for truancy from school, failure to obey parents, and running away from home. This is call a “Child in Need of Supervision” (CHINS).
• Commits and illegal act or offense which would be a crime if committed by an adult.
• Has a hearing which must be closed to the public.
• DOES NOT have the right to a jury trial.
• Will have his/her behavior at school and home considered by the judge before sentencing (disposition).
• Can be placed in the state training school usually for six months to two years.
• Is considered to be “adjudicated” once he/she is found to be guilty of an act or offense.

An Adult:

• Is usually over 18 years of age.
• Commits an illegal act called a crime.
• Has a trial which must be open to the public.
• DOES have the right to a jury trial.
• Will have the judge consider any crimes committed and the good behavior of the defendant. However, the sentence will depend mainly on the type of crime committed.
• Can be sentenced from probation up to life in prison depending on the type of crime committed.
• Will usually have a public criminal record if convicted of a crime.

School Activities, Drugs, Alcohol, and the Law
South Dakota law states that “Any person adjudicated, convicted, or the subject of a suspended imposition of sentence for possession, use, or distribution of controlled substances or marijuana as defined in South Dakota Law chapters 22-42, is ineligible to participate in any extracurricular activity in any secondary school accredited by the Department of Education and Cultural Affairs for one year. Upon a subsequent adjudication, conviction, or suspended imposition of sentence for possession, use, or distribution of controlled substances or marijuana by a court of competent jurisdiction, that person is ineligible to participate in any extracurricular activity while that person is attending any school accredited by the Department of Education and Cultural Affairs.”

It is not a violation for a student to be in possession of a legally defined drug specifically prescribed for the student’s own use by his/her doctor. However, administering or allowing others to use your prescription is considered a violation.

During the school year and the season of practice, play, or rehearsal, regardless of the quantity, a student shall not use a beverage containing alcohol, or use or possess tobacco.

For more information, please contact your high school principal or the Drug-free Schools Office.

In addition, according to South Dakota law (26-11-5.1), law enforcement must give a notice to school officials and parent or guardian regarding any violation where a student is suspected of violating state drug or alcohol laws.

Notwithstanding any other provision of law, a law enforcement agency may provide notice to public or nonpublic school officials and parent or guardian of any incident occurring within the agency’s jurisdiction in which the agency has probable cause to believe a school student has violated any provision of state law involving alcohol or illegal drugs. However, if there is a prolonged criminal investigation and revealing information would jeopardize a successful conclusion to the case, the law enforcement agency may provide the notice at some later appropriate time. The notice shall be in writing.

What is a STATUS OFFENDER?
A status offender is a juvenile who commits an offense that would not be a crime if done by an adult.

What is a STATUS OFFENSE?
Status offenses are those that relate directly to the individual just because of his/her age. Generally, status offenses are not illegal acts when committed by adults. Common status offenses include:

• CURFEW: Many municipal ordinances require that children under a certain age be off the streets and at home at certain times. In Sturgis, for youth under 16, curfew is 10:00 p.m. on all nights, year-round. Exceptions are if the youth is with parent(s) or legal adult guardian(s).
• TRUANCY: South Dakota sate law mandates that children under the age of 16 must attend school.
• SMOKING: South Dakota state law prohibits the possession, consumption, purchase, or attempt to purchase tobacco products by persons under age 18.
• DRINKING: The legal age to possess, purchase, or drink alcoholic beverages is 21.

Students who are adjudicated can receive probation, diversion, and/or in some cases be sent to the Department of Corrections. In South Dakota, this would be Boot Camp, Plankton, treatment facilities, etc.

What is a NON-STATUS OFFENSE?
Non-status offenses are offenses that would be crimes if committed by an adult. Non-status offenses include misdemeanor and felony crimes committed by anyone regardless of age.

Under what circumstances can juveniles be tried as though they were adults?
In any case of a delinquent child, the Court, at its discretion, after the transfer hearing, can permit that child to be proceeded against in adult court. A number of factors may be considered by the court in determining whether a child should be transferred. Some examples are:

• The child has committed a serious crime.
• The crime was aggressive, violent, premeditated or willful.
• The crime was against a police officer.
• The child committed the crime with adult accomplices.
• The child has a history of committing crimes.
• The need for stiffer penalties than provided for in juvenile court.

What are some new RIGHTS of a juvenile at age 18?
When a juvenile becomes 18 years of age, he/she gains:

• The right to vote in federal, state, and local elections.
• The right to be independent of parental control.
• The right to marry without parental consent.
• The right to enter into a contract as an adult.
• The right to make a valid will.

What are some new RESPONSIBILITIES of a juvenile at age 18?

• An 18 year-olds parents are no longer required to support him/her.
• An 18 year-old is responsible for all of his/her actions and if found in violation of the criminal laws, will be tried as an adult and not treated as a juvenile.
• An 18 year-old may sue and be sued by others upon contracts they make and upon their actions, whether intentional or negligent, that cause harm to persons or property.
• An 18 year-old is considered eligible for jury service.

Underage Drinking
In South Dakota, a person must be at least 21 years of age to buy, consume, or possess any form of an alcoholic beverage. If you are over 18, but less than 21, and you purchase, attempt to purchase, possess, or consume alcoholic beverages (except when consumed in a religious ceremony), the maximum sentence is 30 days in jail, a $200 fine, or both.

Each state has its own laws regarding the legal drinking age, but most states set that age at 21. There are, however, still some differences among the states.

Is it illegal for an underage person to be on the premises of a place where alcohol is sold?
It is not illegal for an underage person to be on the premises of a place where alcohol is sold if he/she is with his/her parents. An underage person can be in a place where alcohol is sold without parents unless they are determined by the establishment to be “loitering.”

What are the penalties for underage drinking?
In South Dakota for the first offense, the penalty for underage drinking is a 90-day diversion and probation through Court Services.

What is the penalty for an underage person who attempts to purchase alcohol?
In South Dakota, effective July, 2000, any underage individual who attempts to purchase alcohol illegally will face a 30-day suspension of their drivers’ license for a first offense, and a 60-day suspension for a second offense. A judge may issue a driving permit for work, school, or counseling.

Is there a penalty for people who buy alcohol for minors?
Under the new law that went into effect July, 2000, a person who buys alcohol from a retail business to sell or give to an underage person will now face a Class 1 Misdemeanor, punishable by up to one year in jail and/or a $1,000 fine.

There is no mention of driving while under the influence of drugs other than alcohol in this booklet. I moved some paragraphs that were not related to driving under the above topic and suggest this heading for the following section.

Drugs, Alcohol, and Vehicles
Drinking and driving are extremely dangerous since alcohol reduces all of the important skills you need to drive safely. Alcohol goes from your stomach into your blood and to all parts of your body. It reaches your brain in 20 to 40 minutes. Alcohol affects those areas of your brain that control judgment and skill. In a way, it is like alcohol puts good judgment on hold. You do not know when you have had too much to drink until it is too late. It is a little like a sunburn; by the time you feel it, it is already too late.

Blood Alcohol Concentration (BAC) is expressed in percentage of alcohol to blood. The higher the BAC number, the more impaired a person is. In most states, .10 is the legal level of intoxication. This means that for every 1,000 drops of blood in a person’s body, there is at least one (1) drop of alcohol. BAC changes with body weight, time spent drinking, and the amount of alcohol consumed.

Drunk driving is the same as Driving While Intoxicated (DWI). A BAC of .10 (for an adult age 21 or older) or more is evidence that the person was driving under the influence of alcohol.

For anyone under age 21 in South Dakota, there is zero tolerance for alcohol usage. If a juvenile is driving and the BAC is .02 or higher, it is considered Driving While Intoxicated.

What if I am not drinking, but I am in a motor vehicle that contains alcohol?
Even if you are not drinking but you are in a motor vehicle that contains alcohol, everyone in the vehicle under age 21 is guilty of a crime commonly called “minor in possession.” Not only do you face a possible 30-day jail sentence, a $100 fine, or both, but also your driver’s license will be suspended for 90 days. For any second or subsequent offenses, your driver’s license will be suspended for a period of one year or until your 17th birthday, whichever is a longer period of time.

What are the penalties for Driving Under the Influence (DUI) if you are underage?
The penalties for driving under the influence are the same for juveniles and adults. The first offense is a $450 fine and $50 in court costs. The individual will lose his/her driver’s license for 30 days and is required to attend alcohol classes.

If stopped by the police, must I submit to alcohol/drug testing?
Under the implied consent law, you give your consent for a chemical test whenever you drie on a public highway.

What are the consequences if I refuse to submit to such testing?
If you refuse to submit to such testing, you will lose your driver’s license for up to one year unless a hearing determines otherwise. You can lose your license just for refusing to take the test even though you may not have been drinking at all. Your license can be confiscated immediately by the officer.

For more information on Drinking and Driving, call our local police department and/or the local State’s Attorney’s office.