California, United States of America
The following excerpt is from Martinez, In re, 79 Cal.Rptr. 686 (Cal. App. 1969):
In People v. Langella (1963) 41 Misc.2d 65, 244 N.Y.S.2d 802, a parole officer was given a warrant to be served upon the defendant 'if and when he found the defendant violating his parole.' The officer went to defendant's house, took him into custody, asked him about a car parked in front of the house. The officer demanded the key to it and on searching it found a revolver. Concerning this search, the court held 'if this were the ordinary search and seizure case dealing with an ordinary individual--not a parolee--I would hold the search to be illegal * * * [U]nder the facts of this case the search of the automobile theretofore driven by the defendant, although delayed, was not only permitted but dictated by a duty imposed by law, which also required the parolee's submission despite his tacit or express opposition thereto.' (p. 808.)
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