What is the effect of a probation condition requiring a probationer to be searched by the police?

California, United States of America


The following excerpt is from People v. Mason, 488 P.2d 630, 5 Cal.3d 759, 97 Cal.Rptr. 302 (Cal. 1971):

We also note that to accept defendant's interpretation of the probation condition would defeat the acknowledged purposes of such a provision to deter further offenses by the probationer and to ascertain whether he is complying with the terms of his probation. 'With knowledge he may be subject to a search by law enforcement officers at any time, he will be less inclined to have narcotics or dangerous drugs in his possession. The purpose of an unexpected, unprovoked search of defendant is to ascertain whether he is complying with his terms of probation; to determine not only whether he disobeys the law, but also whether he obeys the law. Information obtained under such circumstances would afford a valuable measure of the effectiveness of the supervision given the defendant and [5 Cal.3d 764] his amenability to rehabilitation.' (People v. Kern, 264 Cal.App.2d 962, 965, 71 Cal.Rptr. 105, 107.)

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