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Cal.4: State's failure to put on proof relating to GFE precluded reliance on it on appeal

By John Wesley Hall, Jr.

The state failed to prove that defendant's search was validly based on the parole search exception, and then failed to put on any proof that the good faith exception would apply [aside from the fact the good faith exception is almost universally based on a search warrant without PC]. People v. Pearl, 2009 Cal. App. LEXIS 509 (4th Dist. April 8, 2009): The prosecution here neither asserted the good faith exception nor met its burden of proving its applicability. In the trial court, the prosecutor did not invoke or argue any exception to the exclusionary rule. On the day of the suppression hearing, the prosecutor filed written opposition to Pearl's motion to suppress, arguing (1) Pearl was on parole at the time of the search, (2) the parole search validly extended to common areas of the house in which Pearl rented a room, and (3) Spira consented to the searches of her home...continue to full post

Full post as published by Fourth Amendment on April 13, 2009 (boomark / email).