Can a probationer be arrested without a warrant?

California, United States of America


The following excerpt is from In re Denson, G048279 (Cal. App. 2013):

"The inapplicability of the warrant clause to a probationer does not mean a probationer may be arrested without limitation under any circumstances. 'The touchstone of the Fourth Amendment is reasonableness, and the reasonableness of a search [or seizure] is determined "by assessing, on the one hand, the degree to which it intrudes upon an individual's privacy [or liberty] and, on the other, the degree to which it is needed for the promotion of legitimate governmental interests."' [Citations.] Under section 1203.2, the arrest of a probationer requires probable cause to believe he or she is violating the terms of probation, as determined by a probation or police officer or by a court that receives information from the authorities to this effect." (People v. Woodall (2013) 216 Cal.App.4th 1221, 1234.)

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