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Name: In re William R.
Case #: B177152
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 10/27/2005
Summary

Police stopped and searched the minor based on a tip that a young man was painting graffiti. They discovered spray paint concealed inside a sweatshirt. The officers did not know at the time of the search that the minor was on probation. The appellate court upheld the denial of the minor’s suppression motion, holding that subsequent cases have not overruled In re Tyrell J., which held that the search of a minor subject to a search condition is not invalidated by the fact that the officer did not know of the condition. Because different goals and needs apply to juvenile probationers, and neither Robles nor Sanders concerned juvenile probationers, Tyrell J. was not necessarily overruled or otherwise invalidated. However, several of the minor’s probation conditions (that he not associate with anyone of whom his parents or probation officer disapprove, that he not remain in the presence of an unlawfully armed persons, and that he stay away from places where narcotics users congregate) were inherently vague and required the modification of a knowledge requirement.