§ 200.402. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
Exigent circumstances—Include, but are not limited to, a reasonable suspicion by the probation officer that contraband or other evidence of violations of the conditions of supervision might be destroyed, or suspicion that a weapon might be used.
Personal search—A warrantless search of a child’s person, including, but not limited to, the child’s clothing and any personal property which is in the possession, within the reach or under the control of the child.
Property search—A warrantless search by a probation officer of real property, a vehicle or personal property which is in the possession or is under the control of a child.
Reasonable suspicion—The existence of reasonable suspicion to search shall be determined in accordance with constitutional search and seizure provisions as applied by judicial decision. Reasonable suspicion requires specific and articulable facts, that is, something more than an unparticularized suspicion or hunch. Terry v. Ohio, 392 U. S. 1 (1968) (reasonable suspicion requires that the officer ‘‘be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant’’ the intrusion on an individual’s privacy). Those specific facts must be such as to indicate that contraband or evidence of a violation of the conditions of a child’s supervision will be found in the place to be searched. In accordance with that case law, the following factors, when applicable, may be taken into account:(i) The observations of the officers.
(ii) Information provided by others.
(iii) The activities of the child.
(iv) Information provided by the child.
(v) The experience of the probation officer with the child.
(vi) The experience of probation officers in similar circumstances.
(vii) The prior delinquent and supervisory history of the offender.
(viii) The need to verify compliance with the conditions of supervision.
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