Is a probationer's search condition within an exception to the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Baca, C081871 (Cal. App. 2017):

an adult probationer's search condition comes within an exception." (People v. Hoeninghaus (2004) 120 Cal.App.4th 1180, 1184 (Hoeninghaus).) That exception is based on consent: A person who voluntarily accepts a grant of probation subject to a condition allowing warrantless searches has consented to such searches, and a "search conducted pursuant to a valid consent does not violate the Fourth Amendment unless the search exceeds the scope of the consent." (People v. Bravo (1987) 43 Cal.3d 600, 605.) "[T]he exception is inapplicable[, however,] if police are unaware of the probation search condition at the time of a warrantless search." (Hoeninghaus, at p. 1184.)

Other Questions


Can a juvenile probationer be searched without a warrant under a search condition imposed on an adult probationer? (California, United States of America)
Does a search conducted pursuant to a probation search condition violate the Fourth Amendment? (California, United States of America)
Does a police search pursuant to a probation search condition violate the Fourth Amendment? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
Is a probationer subject to a search condition in a search warrant? (California, United States of America)
What is the current state of California Probation and Para-proceeding with the waiver of a Fourth Amendment search as a condition of probation? (California, United States of America)
Can a defendant waive his Fourth Amendment right against unreasonable searches and seizures as a condition of probation? (California, United States of America)
Can a probationer's cell phone be searched pursuant to his home search condition? (California, United States of America)
When reviewing a ruling on a motion to exclude evidence from a search warrant, what is the test for determining whether the search did not violate the Fourth Amendment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.