{"id":2960,"date":"2009-04-07T11:07:55","date_gmt":"2009-02-22T07:50:08","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-02-22T07:50:08","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2960","title":{"rendered":"Cal.1st: GPS monitoring of juvenile probationers was reasonable"},"content":{"rendered":"

GPS monitoring of a juvenile probationer was reasonable; if it can be done for adults, it can be done for juveniles. In re R.V.<\/a>, 171 Cal. App. 4th 239, 89 Cal. Rptr. 3d 702 (1st Dist. 2009):<\/p>\n

GPS monitoring is expressly authorized by statute for adult probationers (Pen. Code, \u00a7 1210.7 et seq.), as well as for registered sex offenders (Pen. Code, \u00a7 1202.8) and parolees (Pen. Code, \u00a7 3010). If GPS monitoring is a permissible condition for adult probation, a fortiori the condition is permissible for juvenile probation since broader conditions may be imposed on juveniles. (In re Antonio R., supra, 78 Cal.App.4th 937.)<\/p>\n

Given the history of R.V.’s violations of the Penal Code and of the conditions of his probation, the GPS monitoring condition was both reasonably related to his past behavior and likely to deter future criminality. Among other things, the GPS device would have allowed the probation department to determine if R.V. was on school property outside of regular school hours, when he should not have been there as he was when he committed his initial offense, or, in light of his history of truancy, off campus when he should have been at school. It would have allowed the probation officer to determine whether R.V. was observing the 9:00 p.m. to 6:00 a.m. curfew imposed by the court and to locate R.V. if he again absconded. The GPS device also would have provided a constant reminder to R..V. that he was on probation and that his activities were being monitored, hopefully providing an additional incentive to avoid further violations of the criminal laws or of his conditions of probation. (Cf. In re Jaime P. (2006) 40 Cal.4th 128, 137 [“the very existence of a probation search condition, whether for adults or juveniles, should amply deter further criminal acts”].)<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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