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Name: People v. Ferguson
Case #: C036911
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/18/2001
Subsequent History: Rev. granted 1/16/02. Depublished.
Summary

A police officer who stopped appellant’s vehicle for minor violations was advised by the radio dispatcher that appellant was on probation for a drug violation. The officer, who knew from experience that people on probation for drug offenses generally had search conditions, conducted a search, finding methamphetamine. Later, it was discovered that appellant was not actually on probation at the time of the search; that a clerical error had resulted following appellant’s early termination from probation. The appellate court here affirmed the denial of the suppression motion. The exclusionary rule was inapplicable because the officer searched appellant in objectively reasonable good faith reliance on erroneous information from the probation department. The searching officer did not commit any misconduct, and the probation department which made the clerical error was not a traditional police agency.