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Name: People v. Hoeninghaus
Case #: H025621
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/26/2004
Subsequent History: 10/13/04 rev. den.

Police may not use a search condition to justify a warrantless search of an adult probationer if they are unaware of that condition at the time of the search. Noting that neither People v. Robles (2000) 23 Cal.4th 789 nor People v. Sanders (2003) 31 Cal.4th 318 expressly overruled In re Tyrell J. (1994) 8 Cal.4th 68 or limited its holding to juvenile probationers, the Court of Appeal nonetheless rejected the argument that a standard probation search condition implicitly constitutes advance consent to searches by law enforcement officers who are not even aware of the search condition. Because the prosecution relied only on the search condition to justify the search in this case, the court remanded for a new hearing on the motion to suppress.