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Name: Myers v. Superior Court
Case #: G033785
Court: CA Court of Appeal
District 4 DCA
Citation: 124 Cal.App.4th 1247

A search of a probationer’s pockets was unreasonable under the Fourth Amendment where the officer was not aware that the defendant was on probation and subject to a search condition at the time of the search. The court held that People v. Sanders (2003) 31 Cal.4th 318 applied equally to an adult probationer, and that since the officer was not aware of the defendant’s consent to warrantless searches that consent could not be used to justify the search.

Opinion Date: 12/14/2004