What is the duty of a correctional employee to search for criminal records?

California, United States of America


The following excerpt is from People v. Macabeo, 1 Cal.5th 1206, 211 Cal.Rptr.3d 34, 384 P.3d 1189 (Cal. 2016):

It was the duty of correctional employees in People v. Robinson to implement a complex and confusing new statutory scheme with little guidance. Though that implementation was not perfect, our application of the good faith exception was a recognition that exclusion of evidence would only serve to punish their attempt to properly perform their duty. By contrast, the search here was not the result of negligence, and the People do not contend otherwise. Nor did it result from any pressure to apply a newly enacted

[1 Cal.5th 1226]

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