Is a probationary probationary status a valid search condition of a search warrant?
California, United States of America
The following excerpt is from Tyrell J., In re, 32 Cal.Rptr.2d 33, 8 Cal.4th 68, 876 P.2d 519 (Cal. 1994):
These statements by the high court in Griffin v. Wisconsin, supra, 483 U.S. 868, 107 S.Ct. 3164, strongly imply that when, as [876 P.2d 534] here, a search is conducted not by a probation officer but by a police officer who does not even know of the suspect's probationary status, the eventual discovery that the terms of probation included a search condition may not be used to uphold the validity of the
Page 48
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Is a search made under warrant valid if the search was conducted in accordance with the search warrant? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Under what circumstances will a search warrant be used to search a vehicle of a convicted drug dealer's vehicle in violation of the terms of search warrant? (California, United States of America)
Does the assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions? (California, United States of America)
Does the search in the search warrant form part of a search warrant? (California, United States of America)
If a search warrant was obtained during a search and seizure of a shotgun, would the search warrant be invalid as fruit of the poisonous tree? (California, United States of America)
Is a search warrant valid for the seizure of items that were not listed in the search warrant? (California, United States of America)
