I have a juvenile in our county's juvenile detention center who was picked up on a burglary of a habitation after having been on the run for some time. He is also a suspect in a seperate aggravated robbery. The police want a photo of him for a line-up, but it appears that the law does not allow us to release any photos that are taken of juveniles in detention to the public. The line-up photo would be of course be shown to the crime victim. This situation has got to have happened a few times before. Does anyone have a suggestion, or know how the law should be applied?
Family Code Sec. 58.0021(b)says that a child can be taken into temporary custody to be photographed if 1) the officer has PC to beieve the child engaged in delinquent conduct and 2) the officer has PC to believe that the child's photograph will be of material assistance in the investigation of that conduct.
Hopefully, confirming a suspect's identity with a victim would be of material assistance to the officer.
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