What is the current state of California Probation and Para-proceeding with the waiver of a Fourth Amendment search as a condition of probation?

California, United States of America


The following excerpt is from People v. Reed, F075285 (Cal. App. 2020):

"Generally speaking, conditions of probation 'are meant to assure that the probation serves as a period of genuine rehabilitation and that the community is not harmed by the probationer's being at large. [Citation.] These same goals require and justify the exercise of supervision to assure that the restrictions are in fact observed.' [Citation.] For example, probation conditions authorizing searches 'aid in deterring further offenses ... and in monitoring compliance with the terms of probation. [Citations.] By allowing close supervision of probationers, probation search conditions serve to promote rehabilitation and reduce recidivism while helping to protect the community from potential harm by probationers.' [Citation.]" (People v. Olguin (2008) 45 Cal.4th 375, 380-381.)

The purpose of requiring Fourth Amendment search waivers as conditions of probation and parole is "to determine not only whether [the offender] disobeys the law, but also whether he obeys the law. Information obtained [from an unexpected and unprovoked search] afford[s] a valuable measure of the effectiveness of the supervision given the defendant ...." (People v. Olguin, supra, 45 Cal.4th at p. 382.)

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