In Re Binh L.

Binh L., a minor, was required by the terms of a preexisting juvenile probation order to submit to warrantless search. A police officer, acting in apparent good faith but with neither probable cause nor knowledge of the preexisting probation search condition, searched the minor’s person and found incriminating evidence. Should the evidence have been suppressed? We conclude that in the circumstances of record the answer is no. Our conclusion is consistent with that in In re Marcellus L. (1991) 229 Cal.App.3d 134 [ 279 Cal.Rptr. 901 ], but our analysis differs from that of Marcellus L. in some respects.

In November 1990 a juvenile court adjudged the minor a ward of the juvenile court, under Welfare and Institutions Code section 602, on the basis of the minor’s admission that he had stolen one car and had had possession of a second stolen car. The court ordered the minor returned to his home on probation, upon the condition among others that he “submit to search & seizure anytime, day or night, with or without a warrant by any peace officer or school official.”

In January 1991, in a second juvenile court proceeding under section 602, the minor admitted having taken another…