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Name: People v. Zichwic
Case #: H021621
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/21/2001
Subsequent History: Rev. denied 3/27/02.

Attaching an electronic monitoring device to the undercarriage of the pickup truck of a parolee subject to a search condition was not arbitrary or capricious. The police officers suspected appellant because the incidence of burglary near his residence went up dramatically after he was released from custody and had obtained permission from his parole officer. The court also volunteered the opinion that the installation of the device was not a search, since the evidence indicated that the truck was parked in the driveway carpark alongside his residence, which was accessible to the public.