If a parolee's conditions on a search warrant are as stipulated, would this change the result in this case?

California, United States of America


The following excerpt is from Michael T., In re, 14 Cal.App.4th 1151, 17 Cal.Rptr.2d 923 (Cal. App. 1993):

Even if the parole condition were as stipulated, and even if such a broad parole condition were permissible under current authority, it would not change the result in this case. In People v. Icenogle, supra, 71 Cal.App.3d at page 581, 139 Cal.Rptr. 637, the adult parole search condition was substantially the same as the stipulated condition in the present case. And even though the court there upheld a search of the parolee's apartment by police officers, it is clear that the search was lawful only because the officers knew the suspect was on parole. (Id. at pp. 584-585, 139 Cal.Rptr. 637.)

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