Vovos v. Grant

Dolliver, J.

(dissenting)—I dissent. No constitutional issues are present and the statute clearly allows fingerprints and photographs to be taken of juveniles taken into custody, with the consent of the juvenile court. RCW 13.04.130. Full consent and approval was given in the order of January 15, 1976, of the juvenile court judge. For this court to require in the name of “individualized treatment” that the police must receive a further confirmation of a decision already clearly and specifically made is an inappropriate intrusion into the conduct of the affairs of the juvenile court in Spokane County.

The majority requires the Spokane County authorities to engage in a useless act, a charade, and to adopt a procedure which in no way affords any further protection to the juvenile but instead puts unwarranted burdens on both the police and the juvenile court. While there can be legitimate questions as to whether fingerprinting and photographing of juveniles will accomplish the goal of combating juvenile criminal activity, absent a constitutional ban, courts may use the authority granted by the legislature. No constitutional provision or legislative act which would bar this action has been shown nor does the order of the juvenile court providing for fingerprinting and photographs for specified offenses shift discretion from the court to the police.

The petition should be denied.

Brachtenbach, J., and Hale, J. Pro Tem., concur with Dolliver, J.