California, United States of America
The following excerpt is from Tyrell J., In re, 11 Cal.App.4th 266, 14 Cal.Rptr.2d 22 (Cal. App. 1992):
In the present case, appellant had the bag of marijuana hidden in his pants. While society is not prepared to accept possession of marijuana as legitimate, society is prepared to accept "under the clothing" as a place of privacy that cannot be invaded by police without suitable reason. (People v. Holt (1989) 212 Cal.App.3d 1200, 1204-1205, 261 Cal.Rptr. 89.)
Should the fact that appellant is subject to search and seizure conditions as a result of his grant of juvenile probation alter his reasonable expectation of privacy to the point that he has essentially waived his Fourth Amendment rights, save and except his protection against harassing, capricious or arbitrary conduct? Based upon the above discussion of the two prongs set forth in California v. Ciraolo, supra, 476 U.S. 207, 106 S.Ct. 1809, we conclude the answer is no.
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