What is the test for a probationer to waive the Fourth Amendment right to be free from unreasonable searches and seizures on a plea to be on probation?

California, United States of America


The following excerpt is from People v. Hopkins, 30 Cal.App.4th 485, 35 Cal.Rptr.2d 861 (Cal. App. 1994):

3 See People v. Beach, supra, 147 Cal.App.3d at pp. 620-621, 195 Cal.Rptr. 381 (holding that a banishment condition was overly broad); and People v. Keller, supra, 76 Cal.App.3d at pp. 839-840, 143 Cal.Rptr. 184 (stating that the condition of waiving the Fourth Amendment right to be free from unreasonable searches and seizures on a plea to theft of a 49-cent ballpoint pen was like using "a Mack truck to crush a gnat").

4 See People v. Beach, supra, 147 Cal.App.3d at pp. 621-623, 195 Cal.Rptr. 381 (holding that a banishment condition was overly intrusive of constitutional rights); In re White, supra, 97 Cal.App.3d at pp. 148-150, 158 Cal.Rptr. 562 (holding that a condition preventing the probationer from entering a certain area of town unnecessarily infringed upon the right of free movement); and People v. Pointer (1984) 151 Cal.App.3d 1128, 199 Cal.Rptr. 357 (finding that a condition prohibiting conception during probation was too restrictive).

Other Questions


Can a defendant waive his Fourth Amendment right against unreasonable searches and seizures as a condition of probation? (California, United States of America)
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
In reviewing a suppression ruling in a search and seizure case, what is the test for determining whether a search or seizure under the Fourth Amendment satisfied? (California, United States of America)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
What is the test for asserting a Fourth Amendment right to privacy in a search and seizure? (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 current state of the law regarding the Fourth Amendment and the right to search and seizure of personal information in the context of an inspection of a residential property? (California, United States of America)
Can a defendant obtain advance consent to a warrantless search and waive his Fourth Amendment rights in exchange for the opportunity to avoid service of a state prison term? (California, United States of America)
What is the current state of California Probation and Para-proceeding with the waiver of a Fourth Amendment search as a condition of probation? (California, United States of America)
Does a search conducted pursuant to a probation search condition violate the Fourth Amendment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.