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According to 16.1-299, if a petition or warrant is not filed against a juvenile whose fingerprints or photographs have been taken in connection with an alleged violation of law, the fingerprint card, all copies of the fingerprints, and all photographs shall be destroyed ________ after the fingerprints were taken?

1) immediately
2) within 30 days
3) within 60 days
4) within 90 days

User Greg Hill
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1 Answer

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Final answer:

Section 16.1-299 requires that if no petition or warrant is filed against a juvenile, fingerprint cards, copies, and photographs must be destroyed within 90 days. This protects the juvenile's privacy and presumption of innocence. The provision aligns with principles upheld in significant court cases that champion individual rights during police procedures.

Step-by-step explanation:

According to section 16.1-299 of legal statutes, if a petition or warrant is not filed against a juvenile whose fingerprints or photographs have been taken in connection with an alleged violation of law, these identifying materials must be destroyed within 90 days after the fingerprints were taken. This provision ensures the privacy and rights of juveniles are protected when they are not formally charged with a crime. The law balances the needs of law enforcement with civil liberties, recognizing that juveniles have a right to privacy and the presumption of innocence until proven guilty.

The cases mentioned, such as Miranda v. Arizona, Westover v. United States, and California v. Stewart, all relate to the rights of individuals in police custody, highlighting the importance of being informed about one's right to counsel. These cases underscore the significance of procedural fairness and adherence to constitutional protections, which the requirement to destroy certain juvenile records similarly aims to uphold.

User Technomage
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