Can a probation officer be searched without a search warrant?

California, United States of America


The following excerpt is from People v. Herrera, F076149 (Cal. App. 2019):

First, the parties agree that a Fourth Amendment violation occurred when a dispatcher erroneously informed a probation officer that appellant could be searched. In fact, appellant's probation had ended about two weeks prior and the dispatcher made a calculation error when reviewing her database. However, because this error was the result of negligence and not police misconduct, we determine that the trial court properly applied the good faith exception to the exclusionary rule under Herring v. United States (2009) 555 U.S. 135 (Herring).

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