California, United States of America
The following excerpt is from People v. Robles, 23 Cal.4th 789, 3 P.3d 311, 97 Cal.Rptr.2d 914 (Cal. 2000):
In Tyrell J., we considered a minor's efforts to suppress evidence of marijuana found on his person by a police officer who, unaware of the minor's probation search condition, detained and pat-searched the minor. Although the officer had acted without probable cause and without a warrant, we concluded, based on the circumstances surrounding the search, that the minor's expectation of privacy was "not one society is prepared to recognize as reasonable and legitimate" for purposes of the Fourth Amendment.5 (Tyrell J., supra, 8 Cal.4th at p. 86, 32 Cal.Rptr.2d 33, 876 P.2d 519; see also People v. Viers (1991) 1 Cal.App.4th 990, 993, 2 Cal. Rptr.2d 667 [same conclusion in case involving an adult probationer].) In particular, we observed that the minor, being subject to a search condition, presumably was aware that "any police officer, probation officer, or school official could at any time stop him on the street, at school, or even enter his home, and ask that he submit to a warrantless search." (Tyrell J., supra, 8 Cal.4th at p. 86, 32 Cal.Rptr.2d 33, 876 P.2d 519.) Additionally, there was no indication the minor was led to believe that only police officers who were aware of the search condition would execute it; nor could he reasonably have believed the searching officer would not do so, for he did know whether the officer was aware of the condition. (Ibid.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.