In Re Arron C.

Arron C. appeals from a disposition placing him on probation. He contends the juvenile court erred when it denied his motion to suppress. In rejecting this argument, we will hold that evidence seized in violation of the Fourth Amendment of the federal Constitution by a police officer, acting in reasonable reliance on information obtained from a juvenile probation officer that a search condition exists, need not be suppressed if it is determined subsequently that the information was incorrect.

In October 1995, a petition was filed in the Contra Costa County Juvenile Court alleging that Arron came within the provisions of Welfare and Institutions Code [1] section 602. The petition was resolved informally in January 1996. Arron was placed on probation for a period of six months. One of the conditions of probation was that Arron submit his person and residence to search, without a warrant, at any time.

Arron was unable to stay out of trouble. On February 9, 1996, the court terminated probation and set the matter for a contested jurisdictional hearing.

Before that hearing could occur, Arron got in trouble yet again. On April 9, 1996, Detective David Ishikawa…

Arron C. appeals from a disposition placing him on probation. He contends the juvenile court erred when it denied his motion to suppress. In rejecting this argument, we will hold that evidence seized in violation of the Fourth Amendment of the federal Constitution by a police officer, acting in reasonable reliance on information obtained from a juvenile probation officer that a search condition exists, need not be suppressed if it is determined subsequently that the information was incorrect.

I. Factual and Procedural Background

In October 1995, a petition was filed in the Contra Costa County Juvenile Court alleging that Arron came within the provisions of Welfare and Institutions Code 1 section 602. The petition was resolved informally in January 1996. Arron was placed on probation for a period of six months. One of the conditions of probation was that Arron submit his person and residence to search, without a warrant, at any time.

*1368 Arron was unable to stay out of trouble. On February 9, 1996, the court terminated probation and set the matter for a contested jurisdictional hearing.

Before that hearing could occur, Arron got in trouble yet again. On April 9,…

I concur in part and dissent in part. I agree with my colleagues that the People have implicitly conceded that the search in this case was conducted in violation of Arron C.’s Fourth Amendment rights. I disagree with my colleagues as to the effect of this constitutional violation. The probation officer in this case acted sufficiently like an “adjunct to the law enforcement team” such that the juvenile court should have applied the exclusionary rule and hence granted Arron’s request to suppress the evidence. I would reverse the juvenile court’s jurisdictional finding.

I. Factual and Procedural Background

Although the majority has recited some of the facts, certain critical facts are not included in that recitation. Accordingly, I provide the following summary of the evidence on this issue.

*1374 On October 30, 1995, the Contra Costa County Probation Department filed a petition in juvenile court alleging that Arron came within the provisions of Welfare and Institutions Code section 602. Without adjudicating the truth of the allegations, the juvenile court placed Arron on “informal probation” for six months. The conditions of his informal probation were as follows: Arron was to…