Does a police officer who performed a search of a probationer's home without the consent of the probationer have a valid search warrant?

California, United States of America


The following excerpt is from People v. Sethi, B286349 (Cal. App. 2019):

In People v. Hoeninghaus (2004) 120 Cal.App.4th 1180 (Hoeninghaus), the appellate court stated that because "a probation condition . . . defines the scope of consent and sets the parameters of a proper consent search," police officers who conduct a search "unaware of the condition . . . cannot know that a probationer has given advance consent and therefore cannot claim to be conducting a probation or consent search." (Id. at p. 1194.) Unlike this case, however, the officer who performed the

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