What is the current state of the law on parole searches?

California, United States of America


The following excerpt is from People v. Williamson, C058878 (Cal. App. 8/3/2009), C058878 (Cal. App. 2009):

As defendant points out, the fact that "particularized suspicion is not required in order to conduct a search based on a properly imposed search condition does not mean parolees have no protection." (People v. Reyes, supra, 19 Cal.4th at p. 753.) "`[A] parole search could become constitutionally "unreasonable" if made too often, or at an unreasonable hour, or if unreasonably prolonged or for other reasons establishing arbitrary or oppressive conduct by the searching officer.' [Citations.]" (Id. at pp. 753-754.) For example, "a search is arbitrary and capricious when the motivation for the search is unrelated to rehabilitative, reformative or legitimate law enforcement purposes, or when the search is motivated by personal animosity toward the parolee." (Id. at p. 754.) And an "unrestricted search of a probationer or parolee by law enforcement officers at their whim or caprice is a form of harassment." (Ibid.)

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