Can a probationer waive the full protection of the Fourth Amendment in exchange for the opportunity to avoid serving a state prison?

California, United States of America


The following excerpt is from People v. Arredondo, 199 Cal.Rptr.3d 563, 245 Cal.App.4th 186 (Cal. App. 2016):

an earlier crime. These cases rest on the rationale that a probationer can effectively waive the full protection of the Fourth Amendment in order to avoid the greater curtailment of liberties flowing from a denial of probation. (See People v. Robles (2000) 23 Cal.4th 789, 795, 97 Cal.Rptr.2d 914, 3 P.3d 311 ["[A] person may validly consent in advance to warrantless searches and seizures in exchange for the opportunity to avoid serving a state prison

[199 Cal.Rptr.3d 570]

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