What is the test for a warrantless search condition of probation?

California, United States of America


The following excerpt is from People v. Fuentes, A138058 (Cal. App. 2014):

Fuentes challenges the warrantless search condition of probation on two grounds. First, he claims the condition is overbroad in violation of his constitutional rights. Second, he argues that the condition is unreasonable and must be stricken based on criteria established in People v. Lent (1975) 15 Cal.3d 481 (Lent). The Lent "unreasonableness" inquiry is distinct from a constitutional overbreadth challenge. (See People v. Pointer (1984) 151 Cal.App.3d 1128, 1138-1139.)

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