Can The People resist a suppression motion by establishing defendant was on searchable probation?
California, United States of America
The following excerpt is from People v. Brown, 62 Cal.App.4th 493, 72 Cal.Rptr.2d 793 (Cal. App. 1998):
1 The People could have resisted the suppression motion by establishing defendant was on searchable probation and therefore had no reasonable expectation of privacy in his fanny pack. (People v. Bravo (1987) 43 Cal.3d 600, 608-609, 238 Cal.Rptr. 282, 738 P.2d 336.) However, the record does not reflect whether defendant's statement that he was on searchable probation was true.
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