What rights does a probationer have in search conditions?

California, United States of America


The following excerpt is from People v. Najera, G057648 (Cal. App. 2020):

"[A] probationer subject to a search condition retains the right to be free from a search that is arbitrary, capricious or harassing. A search is arbitrary 'when the motivation for the search is unrelated to rehabilitative, reformative or legitimate law enforcement purposes, or when the search is motivated by personal animosity toward the parolee.' [Citation.] A search is a form of harassment when its motivation is a mere whim or caprice. [Citation.]" (People v. Cervantes (2002) 103 Cal.App.4th 1404, 1408.)

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