In a minor's probation application to the Court of Appeal, is the minor's claim that the search of his pockets was not justified by the search incident to arrest exception to the warrant requirement?

California, United States of America


The following excerpt is from People v. O.T. (In re O.T.), A146793 (Cal. App. 2017):

6. The minor contends the search of his pockets was "not justified by the search incident to arrest exception to the warrant requirement." After briefing was complete, the minor directed our attention to People v. Macabeo (2016) 1 Cal.5th 1206 (Macabeo) and we requested and received supplemental briefing on its application, if any, here. Because we do not reach the parties' arguments regarding the search incident to arrest exception to the warrant requirement, we express no opinion on Macabeo's application to this case.

7. In supplemental briefing filed after our high court's decision in People v. Hall (2017) 2 Cal.5th 494, the minor abandoned his claim that the weapons condition, and the drug and alcohol condition, should be modified to include an express knowledge requirement. We reject the minor's claim that the drug and alcohol condition articulated in the sentencing minute order is vague because it does not limit " 'drugs' . . . to the use of illegal drugs." As stated above, we review the conditions of probation imposed orally at the dispositional hearing. We conclude the drug and alcohol condition imposed at the dispositional hearing is not vague or overbroad.

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