Is a probation condition requiring appellant to submit his person and property to search and seizure at any time of the day or night, by any peace officer or other peace officer, with or without a warrant, probable cause or reasonable suspicion?

California, United States of America


The following excerpt is from People v. Rajabiy, B279770 (Cal. App. 2017):

4. The minute order states this condition differently, requiring appellant to submit his "person and property to search and seizure at any time of the day or night, by any probation officer or other peace officer, with or without a warrant, probable cause or reasonable suspicion." Ordinarily, where there is a discrepancy between the reporter's transcript and the clerk's minute order, "[t]he record of the oral pronouncement of the court controls over the clerk's minute order. . . . [Citations.]" (People v. Farell (2002) 28 Cal.4th 381, 384, fn. 2 [relying on oral pronouncement of probation conditions].) The minute order must be amended to conform to the court's oral pronouncement. (See People v. Zackery (2007) 147 Cal.App.4th 380, 385 [clerk's minutes must accurately reflect what occurred at hearing].)

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