What must a judicial officer find in order to detain a minor?

In order to detain a minor, a judicial officer must find probable cause. This standard of proof requires that there be a reasonable belief, based on facts, that a crime has been committed or that the minor is involved in unlawful activity. Probable cause represents a higher threshold than reasonable suspicion, which means there are specific facts or circumstances that would lead a reasonable person to believe that a minor is engaged in wrongdoing.

This finding is essential as it balances the interest of public safety with the rights of the minor. Evidence presented must substantiate the officer's belief, leading to the lawful detention. The standard of clear and convincing evidence is typically used in civil matters, while beyond a reasonable doubt is the highest standard used in criminal trials, making them inappropriate for determining detention. Thus, probable cause is the correct standard for a judicial officer to utilize when deciding on the detention of a minor.