Can a probationer refuse to consent to a search without a warrant?

California, United States of America


The following excerpt is from People v. Navarrete, C078048 (Cal. App. 2017):

An exception to the warrant requirement is a search conducted pursuant to a probation search condition. "[A] probationer who has been granted the privilege of probation on condition that he submit at any time to a warrantless search may have no reasonable expectation of traditional Fourth Amendment protection." (People v. Mason (1971) 5 Cal.3d 759, 765, fn. omitted.) Thus, " 'when defendant in order to obtain probation specifically agreed to permit at any time a warrantless search of his person, car and house, he voluntarily waived whatever claim of privacy he might otherwise have had.' " (People v. Ramos (2004) 34 Cal.4th 494, 506; see also People v. Bravo (1987) 43 Cal.3d 600, 607.) The consent is a "complete waiver of that probationer's Fourth Amendment rights, save only his right to object to harassment or searches conducted in an unreasonable manner." (Bravo, at p. 607.)

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