Does section 1203.03.12 of the Probation Guidelines apply to a defendant's Fourth Amendment rights?

California, United States of America


The following excerpt is from People v. Vargas, 265 Cal.Rptr.3d 604, 468 P.3d 1121, 9 Cal.5th 793 (Cal. 2020):

11 Section 1203.12 provides, "The probation officer shall furnish to each person who has been released on probation, and committed to his care, a written statement of the terms and conditions of his probation unless such a statement has been furnished by the court, and shall report to the court, or judge, releasing such person on probation, any violation or breach of the terms and conditions imposed by such court on the person placed in his care." By its terms, section 1203.12 addresses only formal probation; defendant was placed on informal probation, and it is not clear that section 1203.12 applies. We note also that the rights conferred under section 1203.12 are "statutory; not of constitutional dimension." (Freytes v. Superior Court (1976) 60 Cal.App.3d 958, 962, 132 Cal.Rptr. 26.) That is, even were we to find a statutory violation and we do not defendant's Fourth Amendment rights may not be implicated.

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