Can a search of a parolee's home be justified where the parolee was unaware of the search condition at the time the search was conducted?
California, United States of America
The following excerpt is from People v. Gamboa, F069190 (Cal. App. 2015):
An unlawful search of a parolee's residence cannot be justified where officers were unaware of the search condition at the time the search was conducted. (People v. Sanders (2003) 31 Cal.4th 318, 335.) Officers were not permitted to cross the threshold of the home without a warrant or an applicable exception to the warrant requirement, and as previously set forth, the protective sweep was unlawful.
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