Pennsylvania Code
Title 37 - LAW
Part III - Agencies and Offices
Subpart N - Juvenile Court Judges' Commission
Chapter 200 - JUVENILE COURT JUDGES' COMMISSION
Subchapter E - STANDARDS GOVERNING SEARCHES OF THE PERSON AND PROPERTY OF CHILDREN BY JUVENILE PROBATION OFFICERS
PROPERTY SEARCHES
Section 200.432 - Searching a residence
Current through Register Vol. 54, No. 44, November 2, 2024
The officer has the authority to make warrantless searches upon reasonable suspicion, of the portion of the residence to which the child normally has access. A residence in which the child shares living space with a parent or guardian can be divided into the following three zones for search purposes:
(1) Zone 1: The portion of the residence over which the child has exclusive control can be searched without a warrant based upon reasonable suspicion.
(2) Zone 2: The portion of the residence to which the child has access but shares with others can be searched without a warrant based upon reasonable suspicion even though the others may object. Deciding on a search in this situation is more difficult since the probation officer must be able to demonstrate that the child normally has access to the area.
(3) Zone 3: The portion of the residence to which the child has no access cannot be searched without a search warrant based upon probable cause or the consent of the person who has control over the area.
