Opinion No. (1997)

DANIEL E. LUNGREN Attorney General ANTHONY M. SUMMERS Deputy Attorney General THE HONORABLE MICHAEL D. BRADBURY, DISTRICT ATTORNEY OF VENTURA COUNTY, has requested an opinion on the following question: May a peace officer book (fingerprint and photograph) a minor for a violation of a city curfew ordinance? CONCLUSION A peace officer may not book (fingerprint and photograph) a minor for a violation of a city curfew ordinance. ANALYSIS We are asked to consider whether a peace officer may "book" a minor for violating a city curfew ordinance. "To `book' signifies the recordation of an arrest in official police records, and the taking by the police of fingerprints and photographs of the person arrested, or any of these acts following an arrest." (Pen. Code, § 7 , subd. 21.) "Booking" thus requires transporting the arrested person to a police station or jail for fingerprinting and photographing. We conclude that a peace officer may not book a minor when the underlying offense is the violation of a city curfew ordinance. 1 A minor who violates a city curfew ordinance "is within the jurisdiction of the juvenile court." Welfare and Institutions Code section 601 , subdivision (a) 2…