Can a police officer search a probationer's home for an "investigatory" rather than a "probationary" purpose?
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):
The decision in United States v. Knights, supra, 534 U.S. 112, 122 S.Ct. 587, 151 L.Ed.2d 497 upheld a search of a probationer for an "investigatory" rather than a "probationary" purpose conducted
[2 Cal.Rptr.3d 642]
by a police officer who knew the probationer was subject to a search condition. The high court relied upon the probationer's diminished expectation of privacy and the state's dual interest in determining whether the probationer is complying with the terms of probation and protecting the community from further criminal acts by the probationer: "When an officer has reasonable suspicion that a probationer subject to a search condition is engaged in criminal activity, there is enough likelihood that criminal conduct is occurring that an intrusion on the probationer's significantly diminished privacy interests is reasonable." (Id. at p. 121, 122 S.Ct. 587.) But if an officer is unaware that a suspect is on probation and subject to a search condition, the search is not justified by the state's interest in supervising probationers or by the concern that probationers are more likely to commit criminal acts.[2 Cal.Rptr.3d 642]
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