Can a defendant waive his Fourth Amendment right against unreasonable searches and seizures as a condition of probation?

California, United States of America


The following excerpt is from People v. Sanders, 2 Cal.Rptr.3d 630, 31 Cal.4th 318, 73 P.3d 496 (Cal. 2003):

3. One jurisdiction has followed our decision in Tyrell J., but that case involved a condition of probation in which the defendant agreed to "waive `his Fourth Amendment right against unreasonable searches and seizures' for one year." (Anderson v. Commonwealth (1997) 25 Va.App. 565, 567 [490 S.E.2d 274].) No comparable issue of waiver is raised in the present case, because the search condition at issue here was imposed as a condition of parole, which defendant could not refuse. (See In re Tyrell J., supra, 8 Cal.4th 68, 81-83, 32 Cal.Rptr.2d 33, 876 P.2d 519.)

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