What is the effect of conditioning bail on a waiver of the Fourth Amendment?

California, United States of America


The following excerpt is from In re Maxwell, C075314, C075315 (Cal. App. 2014):

4. We note that another trial court in this appellate district has conditioned bail on such a waiver at least once. (See People v. Gilbert (May 6, 2004, C044838) [nonpub. opn.] [2004 Cal.App.Unpub. LEXIS 4483] [upholding search because defendant told officers he was on searchable probation, not that his search condition was imposed as a result of bail, declining to reach validity of conditioning bail on Fourth Amendment waiver].) However, we do not have information that this practice is widespread.

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