Is a probationer entitled to a warrantless search?

California, United States of America


The following excerpt is from People v. Constancio, 116 Cal.Rptr. 910, 42 Cal.App.3d 533 (Cal. App. 1974):

'(P)ersons conditionally released to society, such as parolees, may have a reduced expectation of privacy, thereby rencdering certain intrusions by governmental authorities 'reasonable' which otherwise would be invalid under traditional constitutional concepts, at least to the extent that such intrusions are necessitated by legitimate governmental demands. (Citations.) Thus, a probationer who has been granted the privilege of probation on condition that he submit at any time to a warrantless search may have no reasonable expectation of traditional Fourth Amendment protection.' (Fn. omitted.) (People v. Mason, supra, 5 Cal.3d at pp. 764--765, 97 Cal.Rptr. at p. 305, 488 P.2d at p. 633.) '(W)hen (a) defendant in order to obtain probation specifically agree(s) to permit at any time a warrantless search of his person, car and house, he (has) voluntarily waived whatever claim of privacy he might otherwise have had.' (Id. at p. 766, 97 Cal.Rptr. at p. 306, 488 P.2d at p. 634.)

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