What is the test for a probation search?
California, United States of America
The following excerpt is from People v. K.F. (In re K.F.), F073045 (Cal. App. 2017):
"A warrantless search is unreasonable under the Fourth Amendment unless it is conducted pursuant to one of the few narrowly drawn exceptions to the constitutional requirement of a warrant. [Citations.]" (People v. Schmitz (2012) 55 Cal.4th 909, 916.) A probation search is such an exception. (People v. Romeo (2015) 240 Cal.App.4th 931, 939.) "Because the terms of probation define the allowable scope of the search [citation],
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Other Questions
Does a probation search pursuant to the probation search clause exceed the scope of the search? (California, United States of America)
When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
What is the test for a probation officer to search a person on probation under a probation search? (California, United States of America)
What is the test for a probation search under probation search conditions? (California, United States of America)
What is the test for relying on a minor's probation search condition to uphold the legality of a search by a probation officer? (California, United States of America)
Can a probation probation condition requiring the use of a mobile phone to search a juvenile's cell phone be interpreted as an electronic search? (California, United States of America)
What is the test for overturning a probation condition requiring the probation officer to search a juvenile offender's electronic search device? (California, United States of America)
Can a probation officer use a probation search condition to search the home of a third party for the purposes of obtaining an arrest warrant? (California, United States of America)
Is a probation officer permitted to search a defendant's home while on probation? (California, United States of America)
When will a court strike down a probation order requiring a defendant to search their electronic devices in order to be placed on probation? (California, United States of America)
