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Name: People v. Hunter
Case #: D046986
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/27/2006

Law enforcement officials may conduct parole searches until parole is formally revoked. Appellant contended that the trial court erred when it denied a motion to suppress evidence seized in a warrantless parole search of his storage unit while he was incarcerated for parole violations, but before his parole was formally revoked. He argued that a parolee who is returned to prison and awaiting a parole revocation hearing is no longer subject to parole searches. The appellate court rejected the argument, holding that appellant’s parole officer retained the authority to conduct an otherwise permissible parole search while appellant was incarcerated on a parole violation because appellant was still a parolee until his parole was formally revoked. Because the parole search was lawful, appellant’s subsequent statements to police were not the product of an illegal search and were therefore also admissible.