Scoop: State law doesn't block police from questioning teens, Seattle chief says
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Interim Seattle police chief Sue Rahr issued a directive this month clarifying that a 2021 state law doesn't stop police from questioning juveniles who witness crimes.
Why it matters: It's a shift from Rahr's previous public comments, in which she said the law was impeding the investigation of a June 6 fatal shooting outside Garfield High School by blocking police from talking to teenage witnesses.
Catch up quick: The 2021 state law at issue requires that police connect minors to a lawyer before interrogating them as part of a criminal investigation.
- The goal is to ensure kids understand their constitutional right to remain silent while reducing the likelihood of them making false confessions, advocates say.
The latest: On July 9, Rahr issued an internal directive clarifying that officers can still question juvenile witnesses without connecting them with a lawyer, as long as the youths aren't suspects and there isn't probable cause to hold them in custody, SPD officials tell Axios.
What they're saying: "During my roll call visits I have heard repeatedly that officers believe they cannot question juveniles without an attorney present," Rahr told SPD employees via email, according to a transcript of the email shared with Axios. "That is not accurate."
- In a statement this week to Axios, Detective Sgt. Randy Huserik, an SPD spokesperson, said the new directive "clarifies widespread confusion" about the law so that children's rights are protected "without impeding officers' ability to obtain evidence from victims and witnesses."
Flashback: Previously, at a June 26 community meeting in West Seattle, Rahr said that because of the law, "Our officers are not allowed to go out and confront juveniles and detain them to get a statement," KOMO reported.
- Referencing the Garfield shooting that killed 17-year-old Amarr Murphy-Paine, Rahr said, "We have not been able to obtain statements from many of the witnesses in that situation," per KOMO.
The other side: Jesse Johnson, a former state representative and lead author of the 2021 law, told Axios it was "unfortunate" that Rahr had publicly blamed the policy for hampering the Garfield shooting investigation.
- He described the state law as an important tool to make sure that teenage suspects don't falsely incriminate themselves when under pressure from police.
- "I am glad she is now clarifying the law to officers, but I do believe it is after the fact," Johnson said.
- He noted that the King County prosecuting attorney's office issued similar guidance more than a year ago and that Seattle already had requirements in place for youth suspects before the state law was passed.
Between the lines: While this law has been blamed for interfering with investigations, a recent audit found "broad non-compliance by SPD."
- The Seattle Office of Inspector General found the department only connected youths to lawyers in two of 50 cases in which it was required.