In Re Singer

California Court of Appeal Jul 25, 1955 No. Crim. 5457Published

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Holding. The court held that the detention of a minor for the sole purpose of serving as a witness in a criminal proceeding is illegal and void ab initio, as no legal authority exists to incarcerate a child for such a purpose.

Issues

Whether a minor may be detained by juvenile authorities solely to ensure their availability as a witness in a criminal proceeding.
Whether the detention of the minor met the statutory requirements for juvenile court jurisdiction under the Welfare and Institutions Code.

Disposition. minor discharged from custody

Quotations verified verbatim against the opinion

“Authority of law is not vested in any court, official, officer or authority to seize the person of a minor and to incarcerate and detain said minor for the sole purpose of keeping said minor available for use as a witness”

“The district attorney has no shadow of authority to cause a minor to be wrested from his or her home or the custody of parents or legal custodian and incarcerated or detained for the sole purpose of using such minor as a witness.”

“it manifestly appears from the facts which are known to the court that the actions and proceedings that have been had for the incarceration of said minor were illegal and void ab initio”

THE COURT.

Upon petition of Herbert L. Singer and wife, parents of Sharon Singer, for a writ of habeas corpus on behalf of their daughter, a writ was issued directed to David Bogan, superintendent of Juvenile Hall of the County of Los Angeles. A return has been filed by said respondent and a hearing has been held, upon which it was stipulated that the petition and supplemental petition be treated as a traverse to the return. The allegations of the petition and supplemental petition insofar as they have not been placed in issue by the return will be taken as true.

(In re Smith,

143 Cal. 368 [77 P. 180] ;

In re Hoffman,

155 Cal. 114 [99 P. 517, 132 Am.St.Rep. 75] ;

In re Application of O’Connor,

80 Cal.App. 647 [252 P. 730];

Carlson

Landon,

186 F.2d 183;

Daly

Elton,

195 U.S. 242 [25 S.Ct. 22, 49 L.Ed. 177].)

The facts bearing upon the detention of Sharon Singer by the authorities are the following. The minor, 8 years of age, was residing with her parents in a fit and proper home and was receiving proper and sufficient parental care, support, supervision and control; her parents were fit and proper persons to have custody of the minor and her home environment was unobjectionable. On June 23,1955, at about 8 p. m., the minor was taken into custody and placed in juvenile hall and she remained in the custody of the Superintendent of juvenile hall until she was released to the custody of her parents under order of this court on July 7. No petition that the minor be made a ward of the juvenile court was filed until on or about June 29, 1955, when the judge of the juvenile

[549]

In Re Singer

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THE COURT.

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