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I'm taking you into custody because a woman claimed you made an indecent phone call.
It wasn't me!
In re Gualt
Where did our son go?
The police officer didn't leave the teen's parents any notice that he was taking their son and left them with the task of finding him themselves.
But at the station, the officer told Gerald's mom that there would be a hearing the next day and they kept Gerald in custody over night.
At the hearing the women didn't show up, witnesses weren't sworn in, and no one recorded what happened or wrote down what was said. The judge decided that another hearing would occur a few days later and they still held Gerald in custody until the hearing. The same thing happened at the next hearing.
Gerald testified at both hearings but at the second one, the judge found Gerald to be delinquent and said he must stay in juvenile detention until he is 21.
Gerald's lawyers argued that his liberty without due process of law had been taken away. The Supreme Court agreed.
This created the precedent that juveniles shall be treated equal to adults and not be denied basic protections of the constitution.
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