Can a search and seizure be saved by the fact that the person searched was on parole?

California, United States of America


The following excerpt is from People v. Figueroa, 268 Cal.App.2d 721, 74 Cal.Rptr. 74 (Cal. App. 1969):

Before the trial defense counsel had done additional research since the time of the 995 motion and he directed the court's attention to People v. Gallegos, 62 Cal.2d 176, 41 [268 Cal.App.2d 725] Cal.Rptr. 590, 397 P.2d 174, which holds that an illegal search and seizure could not be saved by the fact that the person searched was on parole, where the record did not disclose that he was detained as a possible parole violator. The trial court, however, ruled that 'what is in the mind of one peace officer is in the mind of all peace officers' and again found that the condition of probation validated the seizure. The marijuana was admitted. No objection to the admission of any other evidence received by the magistrate was made. Defendant was convicted.

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