What is the scope of a search warrantless search of a defendant's home and car?

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):

The foregoing search was conducted without a warrant and, at least in part, extended in scope beyond the limits of a reasonable search incidental to arrest, as set forth in Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685. The People contend, however, that the warrantless search was justified by the terms of defendant's condition of probation that he submit to a search, with or without a warrant, whenever requested by police officers. We agree that under the circumstances [5 Cal.3d 763] in the instant case, the probation condition authorized the search of defendant's residence and car. 1

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