6304 - Powers and duties of probation officers.

     § 6304.  Powers and duties of probation officers.        (a)  General rule.--For the purpose of carrying out the     objectives and purposes of this chapter, and subject to the     limitations of this chapter or imposed by the court, a probation     officer shall:            (1)  Make investigations, reports, and recommendations to        the court.            (2)  Receive and examine complaints and charges of        delinquency or dependency of a child for the purpose of        considering the commencement of proceedings under this        chapter.            (3)  Supervise and assist a child placed on probation or        in his protective supervision or care by order of the court        or other authority of law.            (4)  Make appropriate referrals to other private or        public agencies of the community if their assistance appears        to be needed or desirable.            (5)  Take into custody and detain a child who is under        his supervision or care as a delinquent or dependent child if        the probation officer has reasonable cause to believe that        the health or safety of the child is in imminent danger, or        that he may abscond or be removed from the jurisdiction of        the court, or when ordered by the court pursuant to this        chapter or that he violated the conditions of his probation.            (6)  Perform all other functions designated by this        chapter or by order of the court pursuant thereto.        (a.1)  Authority to search.--            (1)  Probation officers may search the person and        property of children:                (i)  under their supervision as delinquent children            or pursuant to a consent decree in accordance with this            section;                (ii)  taken into custody pursuant to subsection (a)            and section 6324 (relating to taking into custody); and                (iii)  detained pursuant to subsection (a) and            section 6325 (relating to detention of child) or during            the intake process pursuant to subsection (a) and section            6331 (relating to release from detention or commencement            of proceedings) and in accordance with this section.            (2)  Nothing in this section shall be construed to permit        searches or seizures in violation of the Constitution of the        United States or section 8 of Article I of the Constitution        of Pennsylvania.            (3)  No violation of this section shall constitute an        independent ground for suppression of evidence in any        proceeding.            (4)  (i)  A personal search of a child may be conducted            by any probation officer:                    (A)  If there is a reasonable suspicion to                believe that the child possesses contraband or other                evidence of violations of the conditions of                supervision.                    (B)  When a child is transported or taken into                custody.                    (C)  When a child enters or leaves a detention                center, institution or other facility for alleged or                adjudicated delinquent children.                (ii)  A property search may be conducted by any            probation officer if there is reasonable suspicion to            believe that the real or other property in the possession            of or under the control of the child contains contraband            or other evidence of violations of the conditions of            supervision.                (iii)  Prior approval of a supervisor shall be            obtained for a property search absent exigent            circumstances or unless the search is being conducted by            a supervisor. No prior approval shall be required for a            personal search.                (iv)  A written report of every property search            conducted without prior approval shall be prepared by the            probation officer who conducted the search and filed in            the child's case record. The exigent circumstances shall            be stated in the report.                (v)  The child may be detained if he is present            during a property search. If the child is not present            during a property search, the probation officer in charge            of the search shall make a reasonable effort to provide            the child with notice of the search, including a list of            the items seized, after the search is completed.                (vi)  The existence of reasonable suspicion to search            shall be determined in accordance with constitutional            search and seizure provisions as applied by judicial            decision. In accordance with that case law, the following            factors, where applicable, may be taken into account:                    (A)  The observations of officers.                    (B)  Information provided by others.                    (C)  The activities of the child.                    (D)  Information provided by the child.                    (E)  The experience of the probation officer with                the child.                    (F)  The experience of probation officers in                similar circumstances.                    (G)  The prior delinquent and supervisory history                of the offender.                    (H)  The need to verify compliance with the                conditions of supervision.        (b)  Foreign jurisdictions.--Any of the functions specified     in subsection (a) may be performed in another jurisdiction if     authorized by the court of this Commonwealth and permitted by     the laws of the other jurisdiction.        (c)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Conditions of supervision."  A term or condition of a     child's supervision, whether imposed by the court or a probation     officer, including compliance with all requirements of Federal,     State and local law.        "Contraband."  An item that a child is not permitted to     possess under the conditions of supervision, including an item     whose possession is forbidden by any Federal, State or local     law.        "Court."  The court of common pleas or a judge thereof.        "Exigent circumstances."  The term includes, but is not     limited to, reasonable suspicion 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.        "Probation officer."  A probation officer appointed or     employed by a court or by a county probation department.        "Property search."  A warrantless search of real property,     vehicle or personal property which is in the possession or under     the control of a child.        "Supervisor."  An individual acting in a supervisory or     administrative capacity.     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Dec. 9, 2002,     P.L.1705, No.215, eff. 60 days)        2002 Amendment.  Section 8 of Act 215 provided that the     Juvenile Court Judges' Commission shall develop best practice     standards regarding searches of the person and property of     children in order to implement the addition of subsec. (a.1).        Suspension by Court Rule.  Subsection (a)(2) was suspended by     Pennsylvania Rule of Juvenile Court Procedure No. 800(10),     amended December 30, 2005, insofar as it is inconsistent with     Rules 231 and 330 relating to written allegation and petition:     filing, contents, function.        Cross References.  Section 6304 is referred to in section     6304.1 of this title; section 6375 of Title 23 (Domestic     Relations).