N.J. Admin. Code § 13:96-9.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:96-9.3 - Search of a juvenile parolee's residence; when authorized

(a) A juvenile parole officer may conduct a search of a juvenile parolee's residence when:

1. There is a reasonable suspicion to believe that evidence of a violation of a condition of parole would be found in the residence, or contraband, which includes any item that the juvenile parolee cannot possess under the conditions of parole, is located in the residence; and

2. Either an Assistant District Parole Supervisor or above provides prior approval for the search, or circumstances exist which require immediate action without prior approval from a supervisor.

(b) Where the residence is jointly owned or shared by a juvenile parolee and another person(s), the juvenile parole officer:

1. May search all objects that appear to be owned or possessed by the juvenile parolee;

2. May search any area of the residence or objects that are jointly shared by both the juvenile parolee and the other person, even if such other person(s) objects to the search; and

3. Shall not search any area that is exclusively under the control of the other person(s), unless that person(s) provides written voluntary consent to the search.

(c) A juvenile parole officer shall not enter the home of a third party to search for a juvenile parolee without having a search warrant unless:

1. The juvenile parole officer has reasonable suspicion that the juvenile parolee named in the parole warrant is in the home of the third party at that time; and

2. The juvenile parole officer obtains written voluntary consent from an adult resident.

N.J. Admin. Code § 13:96-9.3

Recodified from 13:96-6.3 53 N.J.R. 2231(a), effective 12/20/2021