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


The following excerpt is from People v. Kyle C. (In re Kyle C.), D071318 (Cal. App. 2017):

condition. Moreover, concern regarding the potential invasiveness of electronic search conditions is ameliorated by the restriction against arbitrary, capricious, or harassing probation searches. (See People v. Woods (1999) 21 Cal.4th 668, 682; People v. Cervantes (2002) 103 Cal.App.4th 1404, 1408.)

The judgment is affirmed.

Footnotes:

1. Because this appeal follows an admission of guilt, we base our factual summary on the probation officer's report.

2. Undesignated statutory references are to the Penal Code.

3. People v. Harvey (1979) 25 Cal.3d 754.

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