Can a probation officer search a parolee without a search warrant?

California, United States of America


The following excerpt is from People v. Hunter, F069124 (Cal. App. 2015):

Under California law, parolees are "subject to search or seizure by a probation or parole officer or other peace officer at any time of the day or night, with or without a search warrant or with or without cause." (Pen. Code, 3067, subd. (b)(3).) Such a search only violates a parolee's Fourth Amendment rights if it is "arbitrary, capricious, or harassing." (People v. Schmitz (2012) 55 Cal.4th 909, 916.)

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