What is the test for a probation officer to search a person on probation under a probation search?

California, United States of America


The following excerpt is from People v. Lopez, H043323 (Cal. App. 2018):

potential harm by probationers.' [Citation.] A condition of probation that enables a probation officer to supervise his or her charges effectively is, therefore, 'reasonably related to future criminality.' [Citations.]" (Olguin, supra, 45 Cal.4th at pp. 380-381.) Probation search conditions are intended " 'to deter the commission of crimes and to protect the public, and the effectiveness of the deterrent is enhanced by the potential for random searches.' " (People v. Ramos (2004) 34 Cal.4th 494, 506.)

Other Questions


When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
When can a probation officer, parole officer, or peace officer revoke probation and rearrest a person? (California, United States of America)
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)
Does the search of a person by a search warrant constitute a search of the person? (California, United States of America)
What is the test for a probation officer to obtain a probation report from the probation office? (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)
What is the test for overturning a probation condition requiring the probation officer to search a juvenile offender's electronic search device? (California, United States of America)
Can a probation officer use a probation search condition to search the home of a third party for the purposes of obtaining an arrest warrant? (California, United States of America)
What is the test for relying on a minor's probation search condition to uphold the legality of a search by a probation officer? (California, United States of America)
When a probation officer's report recommends that a defendant be ordered to pay a restitution fine under a plea bargain, does the probation officer have any notice of intention to aggregate the amount of confinement time? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.