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Name: People v. Bowers
Case #: A095890
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 04/23/2004
Subsequent History: Rev. den. 8/11/04

In a prior opinion, the appellate court, relying on the reasoning of In re Tyrell J. concluded that the search of appellant was reasonable and justified because appellant was a probationer subject to a search condition, even though at the time of the search in this case the officers were unaware of that status. The California Supreme Court granted review of that decision and held it pending the decision in People v. Sanders. In that case, the Supreme Court declined to apply the reasoning of Tyrell J. to an adult parolee in the context of a residential search. The court then transferred this case back to the appellate court to reconsider in light of Sanders. In this opinion, the court reversed itself and held that the search condition did not justify the search because the officer who conducted the warrantless search was not aware of the condition at the time. Whether other circumstances justified the search was not fully litigated below, and therefore remand was required for a new suppression hearing.