In a recent audit conducted by the city’s Office of Inspector General, the Seattle Police Department has been found to be seriously lacking in compliance with a critical city law. This law, which was passed in 2020, mandates that the police agency provides individuals under the age of 18 with access to a lawyer before they are subjected to interviews. The audit’s results are cause for concern, revealing that the department was in compliance with this law only 4% of the time, a stark contrast to other police departments across the state.
The law in question requires the Seattle Police Department to ensure that young individuals have access to legal counsel before they waive their constitutional right to remain silent. In practical terms, after reading Miranda rights to individuals under 18, the police are obligated to connect them with an attorney before proceeding with any questioning or vehicle searches. There is, however, an exception to this rule if an officer believes that someone’s life is in immediate danger.
The audit scrutinized 50 cases from the years 2021 and 2022, involving young individuals who were arrested by Seattle police. Shockingly, the audit found that the department only made two calls to lawyers out of these 50 cases. Even more concerning, in 10 of these cases, police asked potentially self-incriminating questions to young individuals before formally reading them their Miranda rights.
The audit report emphasizes the fact that juveniles often do not possess a full understanding of the potential consequences of their actions, particularly when it comes to waiving their rights after being read Miranda warnings. Therefore, access to legal counsel is crucial, as it enables young individuals to make informed decisions that can significantly impact their constitutional rights and their standing within the criminal justice system.
In response to the audit’s findings, a series of recommendations were put forward to improve compliance within the Seattle Police Department. These recommendations primarily revolve around updating training protocols and providing clearer guidance to police officers. Encouragingly, the department has expressed its willingness to adopt and implement these recommendations.
It’s important to note that Washington State passed a similar law in 2021, extending the requirement for police to proactively ensure attorney access for youths who have been arrested. Under this state law, police officers are mandated to call the Office of Public Defense, which staffs a call line with attorneys available at all times, to connect young individuals with legal counsel before any questioning occurs. This statewide initiative has seen notable success in its first year of implementation.