What is the test for a probation and parole order requiring a waiver of the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Reed, F075285 (Cal. App. 2019):
The purpose of requiring Fourth Amendment search waivers as a condition 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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