Is a probation officer permitted to search a defendant's home while on probation?

California, United States of America


The following excerpt is from People v. Reed, F075285 (Cal. App. 2019):

justify the exercise of supervision to assure that the restrictions are in fact observed.' [Citation.] For example, probation conditions authorizing searches 'aid in deterring further offenses ... and in monitoring compliance with the terms of probation. [Citations.] By allowing close supervision of probationers, probation search conditions serve to promote rehabilitation and reduce recidivism while helping to protect the community from potential harm by probationers.' [Citation.] A condition of probation that enables a probation officer to supervise his or her charges effectively is, therefore, 'reasonably related to future criminality.' [Citations.]" (People v. Olguin (2008) 45 Cal.4th 375, 380-381.)

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)
What is the test for a probation officer to search a person on probation under a probation search? (California, United States of America)
Is a probation officer permitted to search a defendant's electronic search device while they were in a sexual relationship? (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)
Is a defendant permitted to cross-examine the probation officer who prepares his probation report? (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)
Is a defendant entitled to an updated probation report because the probation officer mistakenly believed that he was ineligible for probation? (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)
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)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.