Can a search warrant be used to search a defendant's home without the consent of the probation officer?
California, United States of America
The following excerpt is from People v. Ramos, 101 P.3d 478, 21 Cal.Rptr.3d 575, 34 Cal.4th 494 (Cal. 2004):
3. We recently held that when officers conduct a warrantless search unaware of a parole search condition, the condition cannot be used to make the search valid. (People v. Sanders (2003) 31 Cal.4th 318, 333, 2 Cal.Rptr.3d 630, 73 P.3d 496.) That is not the case here, as the officers were aware that defendant was on probation and subject to a search condition at the time of their search.
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