Is defendant's certificate of discharge from parole relevant to the search of his motel room by police?

California, United States of America


The following excerpt is from People v. Willis, 120 Cal.Rptr.2d 105, 28 Cal.4th 22, 46 P.3d 898 (Cal. 2002):

12. It is clear from the record that defendant immediately informed the officers he had been discharged from parole when they came to his motel room. While it is somewhat less clear exactly when he presented his certificate of discharge, it reasonably appears he did so at a point when the officers could have suspended their activities and resolved his parole status before searching. In any event, since the prosecution had the burden to justify the search (People v. Camarella (1991) 54 Cal.3d 592, 596, 286 Cal.Rptr. 780, 818 P.2d 63), any deficiency in this regard would not be defendant's responsibility.

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