Is a search condition invalid under the tripartite standard?
California, United States of America
The following excerpt is from People v. Batochir, A120327 (Cal. App. 12/23/2009), A120327. (Cal. App. 2009):
Defendant claims the search condition is invalid under the tripartite-standard of People v. Lent (1975) 15 Cal.3d 481. Realizing that the Attorney General would argue that his failure to object to the condition at the time of sentencing waived the claim, defendant argues that his trial counsel was constitutionally ineffective for not raising such an objection.
"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
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)
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)
Can a search of a parolee's home be justified where the parolee was unaware of the search condition at the time the search was conducted? (California, United States of America)
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)
When a police officer searches a knapsack of a suspect in a search for drugs, what is the limitation of the search warrant? (California, United States of America)
Is a probationer subject to a search condition in a search warrant? (California, United States of America)
Can a juvenile probationer be searched without a warrant under a search condition imposed on an adult probationer? (California, United States of America)
Can a probationer's cell phone be searched pursuant to his home search condition? (California, United States of America)
Is a probationary probationary status a valid search condition of a search warrant? (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)
