What is the scope of a search warrantless search of a defendant's home and car?

California, United States of America


The following excerpt is from People v. Mason, 488 P.2d 630, 5 Cal.3d 759, 97 Cal.Rptr. 302 (Cal. 1971):

The foregoing search was conducted without a warrant and, at least in part, extended in scope beyond the limits of a reasonable search incidental to arrest, as set forth in Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685. The People contend, however, that the warrantless search was justified by the terms of defendant's condition of probation that he submit to a search, with or without a warrant, whenever requested by police officers. We agree that under the circumstances [5 Cal.3d 763] in the instant case, the probation condition authorized the search of defendant's residence and car. 1

Other Questions


If an officer had probable cause to arrest a defendant, would the search of that defendant have been a search incident to a lawful arrest? (California, United States of America)
What is the scope of consent to search, scope of search, and whether the trial court erred by denying suppression motion? (California, United States of America)
Can a search warrant be used to search defendant's home after he consented to the search? (California, United States of America)
Does a probation search pursuant to the probation search clause exceed the scope of the search? (California, United States of America)
For the purposes of a search warrant, can the search warrant be used in the search of a defendant's automobile, at the police station and some time after his arrest? (California, United States of America)
Can a search warrantless search of the clothing of a suspect subject to a search conducted during a patdown of the person's outer clothing? (California, United States of America)
Can a search warrant be used to search for marijuana and heroin in the bedroom of a defendant who had not consented to a search after his arrest? (California, United States of America)
Can a search warrant be used to search a shirt belonging to a defendant who had been running at the time of the search? (California, United States of America)
Can a search warrant be used to search for and seize items beyond the scope of the search warrant? (California, United States of America)
Can a defendant make a motion to suppress evidence obtained as a result of a warrantless search on the ground the search was unreasonable? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.