Is a probation officer justified in conducting a warrantless search of a probationer's home?

California, United States of America


The following excerpt is from People v. Haven, C074940 (Cal. App. 2019):

" 'It is settled that where probation officers or law enforcement officials are justified in conducting a warrantless search of a probationer's residence, they may search a residence reasonably believed to be the probationer's. [Citations.] [T]he question of whether police officers reasonably believe an address to be a probationer's residence is one of fact, and we are bound by the finding of the trial court, be it express or implied, if substantial evidence supports it.' " (People v. Downey (2011) 198 Cal.App.4th 652, 658

Page 35

Other Questions


When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
Can a probation officer use a probation search condition to search the home of a third party for the purposes of obtaining an arrest warrant? (California, United States of America)
Does a police officer who performed a search of a probationer's home without the consent of the probationer have a valid search warrant? (California, United States of America)
Can a search of a parolee's home be justified where the parolee was unaware of the search condition at the time the search was conducted? (California, United States of America)
What is the test for a probation officer to search a person on probation under a probation search? (California, United States of America)
Can a search warrant be used to search a defendant's home without the consent of the probation officer? (California, United States of America)
When can a probation officer, parole officer, or peace officer revoke probation and rearrest a person? (California, United States of America)
What is the test for a probation officer to obtain a probation report from the probation office? (California, United States of America)
What is the test for overturning a probation condition requiring the probation officer to search a juvenile offender's electronic search device? (California, United States of America)
What is the test for relying on a minor's probation search condition to uphold the legality of a search by a probation officer? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.