California, United States of America
The following excerpt is from People v. Wolfgang, 193 Cal.Rptr.3d 256, 240 Cal.App.4th 1268 (Cal. App. 2015):
harassing. If it did, then we would have no occasion to struggle with the doctrine of search authorization based on an unknown search condition. This is so since recourse to the doctrine is necessary only when no other legitimate basis supports the search. It is only when the motivation for the search is wholly arbitrary, when it is based merely on a whim or caprice or when there is no reasonable claim of a legitimate law enforcement purpose, e.g., an officer decides on a whim to stop the next red car he or she sees, that a search based on a probation search condition is unlawful. (People v. Cervantes (2002) 103 Cal.App.4th 1404, 1408, 127 Cal.Rptr.2d 468.)
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