Cases Involving Texas Family Code Section 52.02 (Juvenile Detention)
Section 52.02(a) of the Texas Family Code provides that an officer taking a child into custody must take the child to a designated juvenile processing office without unnecessary delay. See TEX. FAM. CODE ANN. 52.02(a) (Vernon Supp. 2000).
An officer detaining a juvenile must comply with each of the provisions of the Family Code, including 52.02. See Anthony v. State, 954 S.W.2d 132, 134-5 (Tex. App.-San Antonio 1997, no pet.) (citing Comer v. State, 776 S.W.2d 191, 196 (Tex. Crim. App.1989)).
Violation of this statute renders illegally obtained evidence inadmissible. See id.
Therefore, an out-of-court identification may be suppressed when the State does not comply with the mandatory provisions of 52.02. See Rodriguez v. State, 975 S.W.2d 667, 682 (Tex. App.-Texarkana 1998, pet. ref'd).