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Cal.5th: Probation search term subject to GFE

By John Wesley Hall, Jr.

A probation search term is a judicial act, and the probation officer is not expected to question it. Moreover, the breadth of the search term is subject to the good faith exception. One person has no standing to challenge a search term of another’s probation. People v. Rios, 2011 Cal. App. LEXIS 297 (5th Dist. March 16, 2011): Furthermore, any illegality in the probation condition itself would be attributable to the court that imposed the condition, and not to the probation officers. (See People v. Miller (2004) 124 Cal.App.4th 216, 224 [21 Cal. Rptr. 3d 13].) “[W]hether a search is reasonable must be determined based upon the circumstances known to the officer when the search is conducted.” (People v. Sanders (2003) 31 Cal...continue to full post

Full post as published by Fourth Amendment on March 19, 2011 (boomark / email).