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Hot Topic!

Juvenile Records
Updated: Mar 2009

Regarding search and seizure.


Questions
  1. Do adult probation officers have automatic access to the juvenile records for adults they are currently supervising, or if a special court order or request from a District Attorney is required? Also, must the waiving of 4th Amendment Rights be spelled out in the offender's conditions of probation, or is the legality of warrantless searches by probation officers assumed whether or not the conditions state that the offender must submit to such searches?


Responses
Iowa
In Iowa a PO must get a court order for juvenile records.

Iowa places specific language in the parole and the probation agreement and in one district the court has a standing court order requiring the offender to submit to a search upon request form law enforcement or probation officer. -

Maryland Dept of Probation and Parole
All agents have access to the Maryland Department of Juvenile Services records database. The information is used when agents do initial risk assessments and when they screen cases for the Violence Prevention Unit.

Screening is mandatory for any male under the age of 30. PSI writers also have access to the data, but are not required to get a juvenile record for anyone over 26. In Maryland DPP has no authority to conduct searches and requiring an offender to submit to one is never put on a probation or parole release order as a special condition. -

Minnesota
As to searches we make sure its in every probation agreement, our probation agreements state the following: I will, when requested by my agent or any Law Enforcement Officer, submit to a search of my person, residence, or property. But to your question, I do not believe it is required, but our judge felt it was better in the long run to have it spelled out. -

New Jersey
NJ ISP staff have complete access to juvenile records. While we have programmatic access to warrantless searches, the ability is also defined overtly in our conditions. Hope this helps. -

Oklahoma
In order to access juvenile records in probation and parole, we have to have the court's order and usually that is provided only when conducting a preā€sentence investigation. They are not accessible electronically.

Warrantless searches do not require a condition from the court. Our policy is very specific as to when they can be conducted and under whose authority. Typically, our rules and conditions both for parole and for probation, allow for warrantless searches. As noted, our policy supports them under certain conditions. -

Texas, Jefferson County
Locally, we include in the probation conditions that an offender, his home, his car, etc.. may be searched by the probation officer at any time. If illegal material is found, law enforcement is called. -

Utah
During the PSI process, AP & P has access to all juvenile records. This is not only spelled out in statute but they have limited access to our information system by password for this purpose. In addition, any time they call about additional information during supervision, they are designated by statute as having the "need to know".

We spell out search and seizure rights in the probation agreement. -

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