Can a juvenile probationer be searched without a warrant under a search condition imposed on an adult probationer?

In People v. Burgener (1986) 41 Cal.3d 505, 224 Cal.Rptr. 112, 714 P.2d 1251, this court held that a warrantless search of an adult parolee pursuant to a search condition is invalid in the absence of a "reasonable suspicion" that the parolee is engaged in conduct that violates the parole. (Id. at p. 535, 224 Cal.Rptr. 112, 714 P.2d 1251.) The court observed: "The justification for exempting parole searches from the warrant requirement of the Fourth Amendment is that these searches are necessary for effective parole supervision. If a search is to have a parole supervision purpose therefore it must be based on information which leads [8 Cal.4th 99] the parole agent who conducts or authorizes the search to believe that the parolee has violated the law or another condition of his parole, or is planning to do so." (Id. at p. 533, 224 Cal.Rptr. 112, 714 P.2d 1251.) The reasonable suspicion, of course, must be based on objective, articulable facts. (Id. at p. 535, 224 Cal.Rptr. 112, 714 P.2d 1251.)

As I discussed earlier (ante, pp. 38-39 of 32 Cal.Rptr.2d, pp. 524-25 of 876 P.2d), there are no significant differences, for Fourth Amendment purposes, between search conditions imposed on adult parolees and those imposed on juvenile probationers. Thus, the rule this court set forth in People v. Burgener, supra, 41 Cal.3d 505, 224 Cal.Rptr. 112, 714 P.2d 1251, that parolees can be searched only when there is a reasonable suspicion that they have violated the law, is equally applicable to juvenile probationers.