Does a parolee have a reasonable expectation of privacy under a search warrant?

California, United States of America


The following excerpt is from People v. Sanders, 2 Cal.Rptr.3d 630, 31 Cal.4th 318, 73 P.3d 496 (Cal. 2003):

We recognized in Reyes that whether the parolee has a reasonable expectation of privacy is inextricably linked to whether the search was reasonable. A law enforcement officer who is aware that a suspect is on parole and subject to a search condition may act reasonably in conducting a parole search even in the absence of a particularized suspicion of criminal activity, and such a search does not violate any expectation of privacy of the parolee. We observed in Reyes: "The level of intrusion is de minimis and the expectation of privacy greatly reduced when the subject of the search is on notice that his activities are being routinely and closely monitored. Moreover, the purpose of the search condition is to deter the commission of crimes and to protect the public, and the effectiveness of the deterrent is enhanced by the potential for random searches. We thus conclude a parole search may be reasonable despite the absence of particularized suspicion." (People v. Reyes, supra, 19 Cal.4th 743, 753, 80 Cal.Rptr.2d 734, 968 P.2d 445.)

Other Questions


Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Does the assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions? (California, United States of America)
Under what circumstances will a search warrant be used to search a vehicle of a convicted drug dealer's vehicle in violation of the terms of search warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
What is the scope of a search warrant for a parolee's privacy expectations? (California, United States of America)
Does the search in the search warrant form part of a search warrant? (California, United States of America)
Can a search warrant be used to search for and seize items beyond the scope of the search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.