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Name: Derick B. v. Superior Court
Case #: D055446
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/17/2009

A juvenile court cannot impose a Fourth Amendment waiver as a condition to receiving informal supervision under Welfare and Institutions Code sections 654 and 654.2. Over defense objection, the juvenile court ordered a Fourth Amendment waiver as one of the conditions of informal supervision under Welfare and Institutions Code 654 et seq. (pre-admission diversion program where the minor is not declared a court ward). The minor filed a writ of prohibition alleging the juvenile court lack authority to impose the condition. The Court of Appeal considered the program’s purpose, analyzed the statutory scheme, compared it with post-plea diversion (Welf. & Inst. Code, 790 et seq.) and found that, despite a juvenile court’s broad discretion in imposing reasonable probation conditions, a search condition could not be ordered under informal supervision. This program is reserved for the mildest delinquent minors, and the statutory scheme spells out specific requirements, such as counseling, education programs and community service. Moreover, the fact that the Legislature included a search waiver in post-plea diversion cases shows it could have included the same requirement for informal supervision had it wanted to. Accordingly, the juvenile court had no authority to impose the Fourth Amendment waiver.