Is a probationer subject to a search condition in a search warrant?

California, United States of America


The following excerpt is from People v. Delrio, 259 Cal.Rptr.3d 301, 45 Cal.App.5th 965 (Cal. App. 2020):

4 By contrast, in the case of probationers, "[a] search condition is not mandated by statute for every probationer, and probation search clauses are not worded uniformly.... Thus, the officer must have some knowledge not just of the fact someone is on probation, but of the existence of a search clause broad enough to justify the search at issue." (People v. Douglas (2015) 240 Cal.App.4th 855, 863, 193 Cal.Rptr.3d 79.)

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