Can a search warrant officer rely on a later discovered probation search condition under a theory of advance consent?

California, United States of America


The following excerpt is from People v. Douglas, A140279 (Cal. App. 2015):

In a context somewhat similar to ours, People v. Lazalde (2004) 120 Cal.App.4th 858 applied the objectively reasonable belief in consent standard, citing Machupa, supra, to determine whether an officer who conducted a search under an invalid search warrant without knowledge that the defendant was on probation could nevertheless rely on a later-discovered probation search condition under a theory of advance consent. The Sixth District held the advance knowledge requirement foreclosed any such reliance. (Id. at pp. 863-865.) "As it is undisputed that the searching officer here was unaware of who appellant was or that he was subject to a search condition, the officer could not have believed that he had appellant's consent to search." (Id. at p. 865.)

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