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 200.433 - Nonapproved residence or other sites

Universal Citation: 37 PA Code ยง 200.433

Current through Register Vol. 54, No. 44, November 2, 2024

(a) Any residence other than the child's approved residence cannot be searched without the consent of a person who owns, leases or has access and appears to reside at that address. If consent is not obtained, a search warrant will be required to enter, except during hot pursuit.

(b) Landlords and owners, upon leasing a property, cannot enter that property without the lessee's consent except in an emergency such as a fire or in the event of water damage when the landlord or owner is permitted to protect his property. Therefore, they cannot give probation officers access to their leased property.

(c) A warrantless search of the child's job site cannot be made without consent of the owner. If consent is given, the area in which the child has exclusive control, such as a desk or locker, can effectively be searched for contraband.

(d) As with the job site, a shelter or rehabilitative program has constitutionally protected property rights. Thus, any search must be limited to an area over which the child has exclusive control. Searches or arrest should be coordinated with staff.

Disclaimer: These regulations may not be the most recent version. Pennsylvania may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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