Can a warrant be used to search a house without a warrant in violation of a waiver condition of parole?

California, United States of America


The following excerpt is from Marts v. Superior Court, 122 Cal.Rptr. 687, 49 Cal.App.3d 517 (Cal. App. 1975):

Since Marts was told of the intended search, and since the waiver condition of parole was reasonably related to his prior conviction, the search was valid unless, by his arrest outside the house, the condition of parole terminated. We conclude that, unlike the case of People v. Coffman, 2 Cal.App.3d 681, 689, 82 Cal.Rptr. 782, 786, where the arrested-defendant's house was searched Not in furtherance of 'parole administration' but '(t)he search was primarily aimed at ordinary law enforcement,' here the search was practically coterminous with the arrest and was directly related to 'deterring or discovering subsequent criminal offenses,' and was instigated directly by the parole officer. 3 This [49 Cal.App.3d 522] conclusion dictates the holding that whether the search without a warrant precedes or promptly follows the arrest, if the search is within the bounds of establishing evidence of the Parole violation and the parolee has been informed of the intent to search, it is a constitutionally valid search.

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