In what circumstances will the court invalidate a probation search?

California, United States of America

The following excerpt is from People v. Boyd, 224 Cal.App.3d 736, 274 Cal.Rptr. 100 (Cal. App. 1990):

In People v. Tidalgo (1981) 123 Cal.App.3d 301, 176 Cal.Rptr. 463, this court properly invalidated a probation search because there was substantial evidence to support the superior court's conclusion that it was unreasonable for the officers to believe that the residence searched was owned or occupied by the defendant. The residence searched was outside the scope of the probation search. The court took the opportunity to summarize and reaffirm Montoya:

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