Can a Probation Officer take a Minor into custody?

What is the name of your state? Nevada

I went to go pick up my girlfriend to take her to a doctors appoiintment and when we were getting ready to leave her PO pulled up and told her to get into the car. He didn't call her mom or go and tell her mom that he was taking her or where he was taking her. My question is does my girlfriend's PO have to notify her parents that he is taking her since she is still a minor or can he do that and not tell them anything???

Skateworks said:

What is the name of your state? Nevada

I know someone who was recently taken in by her Probation Officer and she is a minor. Her probation officer didn't notify her parent by phone or by person that he was taking her. Is that legal or do they have to notify the parents before they can do that since she is a minor? She did not violate her probation in anyway and he just came and told her to get in the car and drove off without telling her parents or without even telling her where he was taking her.

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I think this post is without telling the whole story.

While laws vary from state to state, I know that in the state of Illinois, a probation officer, while an officer of the court, is not a sworn peace officer and it is not the job of the probation officer to take anyone into custody. The probation officer can have a warrant issued for the pick up of a violator, but usually notice, or even a hearing is given in advance. For a probation officer to take anyone into custody off the street (especially a minor) to me, would seem highly unusual.

Pass, you are wrong. Probation officers have the same rights as police officers, they can arrest and book folks if they are in violation of their court ordered probation. The probation officer did nothing wrong.

She didn't violate her Probation.

racer72 said:

Pass, you are wrong. Probation officers have the same rights as police officers, they can arrest and book folks if they are in violation of their court ordered probation. The probation officer did nothing wrong.

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I understand that If she violated her probation that he would be able to come and arrest her and take her away, however she didn't violate her probation and he wasn't there to arrest her. He just showed up and told her to get into the car. That is why I am wondering if that is legal or not because as I said he didn't arrest her because she didn't violate probation and nor did he have a warrent.

Are random drug tests part of her probation?

enjay said:

Are random drug tests part of her probation?

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Yes, they are and I found out later that's why he took her but does he does he not have to notify her parents when he is taking her and where?

You don't suppose he called the parents en route or the second he picked her up?

BB_Wolfe said:

You don't suppose he called the parents en route or the second he picked her up?

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But he didn't call her parents nor did he go to the door and let her mom know that is the why i am wondering if what he did was illegal or not.

I don't know the legalities, however it stands to reason if that a part of the conditions for probation is submitting to random drug tests when necessary, a probation officer would be permitted to pick up and take the person (even a minor) to be tested. Giving prior notice to anyone would make it possible that the subject be warned of the impending test.

Why are you so worked up over this? Did she fail the test?

enjay said:

I don't know the legalities, however it stands to reason if that a part of the conditions for probation is submitting to random drug tests when necessary, a probation officer would be permitted to pick up and take the person (even a minor) to be tested. Giving prior notice to anyone would make it possible that the subject be warned of the impending test.

Why are you so worked up over this? Did she fail the test?

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I am worked up over this because I went there to pick her up for a doctors appointment and because he showed up she didn't make it to her appointment. She did not fail the test its is also because he is an a**hole and I'm trying to see if she has any legal stand point to get a dif. probation officer. Also, because of the fact that she had all day to check in with him and he was pissed that she didn't do it right when he wanted her to do it.

nooyorkah2 said:

This is a TEST of her BRAIN........

The PO gave her a simple test, you or I could do this very very easily.

If she couldn't do this simple assigmnet, to check in at the appropriate time, and the right way, the how can she be trusted to do anything else?

It is a Test, to see if she doesnt need strict probation any longer, and she FAILED!

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HE NEVER GAVE HER A SPECIFIC TIME TO SHOW UP. HE JUST WANTED IT TO BE AT HIS CONVIENIENCE AND HE NEVER TOLD HER WHEN THAT WAS. SO IF IT WAS A TEST THAT'S ONE FU*KED UP TEST BECAUSE HOW IN THE HELL IS SHE SUPPOSED TO KNOW WHEN TO SHOW UP.

ALL I HAVE IS A SIMPLE QUESTION. DOES HER PO HAVE TO NOTIFY HER PARENTS IF HE TAKES HER SOMEWHERE UNLESS ITS TO ARREST HER. THAT IS A YES OR NO QUESTION. WHETHER IT BE WHEN HE GETS TO HER HOUSE OR BY PHONE. DOESN'T HE HAVE TO TELL HER PARENTS SINCE SHE IS A MINOR??????????

No.

pass23431 said:

While laws vary from state to state, I know that in the state of Illinois, a probation officer, while an officer of the court, is not a sworn peace officer and it is not the job of the probation officer to take anyone into custody. The probation officer can have a warrant issued for the pick up of a violator, but usually notice, or even a hearing is given in advance. For a probation officer to take anyone into custody off the street (especially a minor) to me, would seem highly unusual.

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Actually thats very incorrect. I suggest you read the following section of the IL Code:

(730 ILCS 110/11)
Sec. 11. Probation officers, in the exercise of their official
duties, and sheriffs and police officers, may, anywhere within the state, arrest on view any probationer found by them violating any of the conditions of his or her probation, and it shall be the duty of the officer making such arrest immediately to take the probationer before the court having jurisdiction over him or her for further order.
(Source: P.A. 83-341.)