In re Shannon B., 70 N.Y.2d 458 (1987)
New York City police officers have the authority to detain suspected truants during school hours to enforce compulsory education laws, and resistance to such detention can be grounds for juvenile delinquency charges.
Summary
This case addresses whether a New York City police officer had the authority to detain a suspected truant to transport her to the Board of Education for investigation. The Court of Appeals held that the officer had such authority, stemming from the police’s broad mandate to preserve public order and enforce laws. Shannon B.’s resistance to this lawful detention, including striking the officer, justified her adjudication as a juvenile delinquent. The court reasoned that enforcing compulsory education laws falls within the traditional role of the police, and the officer had a sufficient factual basis to detain the appellant given the circumstances.
Facts
On March 16, 1984, at approximately 10:15 a.m., two New York City police officers on truancy patrol observed Shannon B. standing on a sidewalk one-half block from Rothschild Junior High School. When asked why she was not in school, Shannon B. could not provide a satisfactory answer. She complied with the officer’s request to enter the police van but became belligerent, threatening to exit the moving vehicle. When an officer attempted to restrain her, Shannon B. struck the officer in the face. She was then handcuffed and arrested.
Procedural History
A juvenile delinquency petition was filed against Shannon B., alleging acts that would constitute assault, resisting arrest, and obstructing governmental administration if committed by an adult. The Family Court found her guilty of all charges, reducing the assault charge to attempted assault, and adjudicated her a delinquent. The Appellate Division affirmed, holding that the police action was proper under the State’s parens patriae interest. The Court of Appeals granted leave to appeal to address the scope of police authority in these circumstances.
Issue(s)
Whether New York City police officers have the authority to detain suspected truants and transport them to the Board of Education for further investigation and processing.
Holding
Yes, because the enforcement of the State’s compulsory education laws falls within the traditional role of the police and their broader mandate to preserve public order and enforce laws.
Court’s Reasoning
The Court of Appeals reasoned that the role of the police extends beyond criminal law enforcement to include maintaining order, protecting rights, and providing assistance. Section 435(a) of the New York City Charter grants the police broad authority to preserve public peace and enforce laws. The court stated, “Among other functions, the police in a democratic society are charged with the protection of constitutional rights, the maintenance of order, the control of pedestrian and vehicular traffic, the mediation of domestic and other noncriminal conflicts and supplying emergency help and assistance” (People v De Bour, 40 NY2d 210, 218).
The court found that enforcing compulsory education laws falls within this broad grant of authority. The court rejected the argument that Education Law § 3213(2)(a), which grants authority to arrest truants to attendance officers, implicitly withholds such authority from the police. The court stated, “The grant of enforcement powers to attendance officers is simply a grant of authority to those who otherwise would not have it; it does not implicitly divest such power from those who hold it from other sources.”
The court also rejected the argument that police must be certain a student is unlawfully absent before detaining them. The court reasoned that requiring officers to negate every lawful excuse for absence would create an insurmountable barrier to enforcement. The court found that, here, the officer had sufficient factual basis to detain Shannon B. because she was an apparently school-age child near a school during school hours and unable to provide an explanation for her absence.