Can a probationer consent in advance to a warrantless search?

California, United States of America


The following excerpt is from People v. Frias, H038587 (Cal. App. 2013):

"In California, probationers may validly consent in advance to warrantless searches in exchange for the opportunity to avoid service of a state prison term." (People v. Woods (1999) 21 Cal.4th 668, 674.) " 'It is settled that where probation officers or law enforcement officials are justified in conducting a warrantless search of a probationer's residence, they may search a residence reasonably believed to be the probationers. [Citations.] [T]he question of whether police officers reasonably believe an address to be a probationer's residence is one of fact, and we are bound by the finding of the trial court,

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