S EARCHES - Chapter 8: Parole and Probation Searches
- Endnote 565: People v. Balestra (1999) 76 Cal.App.4th 57. Endnote 618: Delete People v. Denison (1998) 67 Cal.App.4th 943. This case has been ordered nonpublished People v. Robles Officers unaware of search condition: A residential search cannot be upheld as a probation search if officers were unaware of the search condition at the time they conducted the search. See People v. Robles
Search of residence Officers aware of search condition : A probationer may not challenge a search of a residence that would have been authorized by the terms of his probation if the officers who conducted the search were aware of the search condition. See People v. Brown (1987) 191 Cal.App.3d 761, 766; In re Marcellus L. (1991) 229 Cal.App.3d 134, 145-6; Russi v. Superior Court (1973) 33 Cal.App.3d 160, 166; People v. Bravo (1987) 43 Cal.3d 600, 610; In re Tyrell J. (1994) 8 Cal.4th 68, 85. This is because a probationer cannot reasonably expect privacy as to places and things that he had agreed could be searched without a warrant. Officers unaware of search condition : It appears to be the rule in California that all residents of a home that was searched have standing to challenge the legality of the search if, (1) the only legal justification for the search was that one of the residents was subject to a probation search condition authorizing the search; and (2) at the time the search was conducted, the officers were unaware of the probation search condition. See
| |
|