Can a warrantless search of a parolee be conducted without a warrant?

California, United States of America


The following excerpt is from People v. Reyes, No. S058825. (Cal. 1998):

Twelve years ago, this court unanimously held that a warrantless search of a parolee is permissible only if there is a "reasonable suspicion" that the parolee has committed a crime or has violated the terms of parole. (People v. Burgener (1986) 41 Cal. 3d 505, 224 Cal. Rptr. 112, 714 P.2d 1251 (Burgener).) This standard has been adopted by the vast majority of jurisdictions that have considered the issue. Today the majority, without pausing to consider whether the search here satisfied this test, unnecessarily reaches out to overturn the "reasonable suspicion" standard, instead permitting the suspicionless search of parolees.

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