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Name: People v. Session (2023) 93 Cal.App.5th 723
Case #: G060536
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 07/19/2023

Investigator who identified defendant as a burglary suspect and knew of his parole status properly placed a warrantless GPS tracking device on his vehicle; the source of his knowledge regarding defendant’s parole status was not legally relevant. Defendant was a suspect in a string of residential burglaries, some of which were captured by home security systems. During a traffic stop, the investigating officer who had already identified both the defendant and the vehicle as suspects in several of the burglaries, arrived at the scene and placed a warrantless GPS tracking device on the vehicle. The officer knew defendant was on…

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Name: People v. Sandee
Case #: D070732
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/13/2017

Warrantless search of probationer's cell phone permissible based on her consent to be subject to warrantless searches of her "property" and "personal effects." In 2015, police conducted a probation search of Sandee's cell phone and found incriminating text messages indicating Sandee was involved in selling narcotics. Sandee moved to suppress the text messages. The trial court denied the motion, finding her cell phone fell within the scope of her probation search conditions. Sandee pleaded guilty to drug offenses and appealed. Held: Affirmed. In Riley v. California (2014) 573 U.S.__, the court held in the context of a search incident to…

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Name: United States v. Cervantes
Case #: 15-50459
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/19/2017

Warrantless, suspicionless search of hotel room rented by defendant on mandatory supervision and his girlfriend did not violate Fourth Amendment. While Cervantes was on mandatory supervision, officers stopped him and his girlfriend for jaywalking. Upon learning Cervantes was on searchable "probation," officers searched Cervantes and found a hotel room key. They let Cervantes and his girlfriend go, but went to the hotel and searched their room without a warrant. In plain view, the officers found drug and counterfeiting paraphernalia. On appeal, Cervantes challenged the denial of his suppression motion. Held: Affirmed. The Ninth Circuit initially determined that mandatory supervision is…

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Name: People v. Cervantes
Case #: D069959
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/18/2017

A vehicle search based on a passenger's probation status may extend beyond the probationer's person and seat, but is confined to areas the officer reasonably believes the probationer could have stowed or discarded items, including an unlocked center console. Police stopped Cervantes for driving with expired registration and searched the car after learning that Cervantes' female passenger was on searchable probation. The search began in two bags in the back seat. Both bags contained items that clearly belonged to a man but officers continued to search them anyway and found drugs. Officers also found more drugs in the center…

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Name: In re Q.R.
Case #: H043075
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 01/27/2017

Probation condition allowing search of electronic devices is not overbroad where minor possessed child pornography and committed extortion using electronics. Q.R. used his cell phone to record him and Doe having sex and then threatened to show other high school students the recordings unless she gave him money. Following his admission to felony possession of child pornography and extortion, the juvenile court adjudged him a ward and placed him on probation. One of the conditions required that he submit to warrantless searches of all electronic devices in his control and provide the necessary passwords. He appealed, arguing that the condition…

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Name: People v. Wolfgang
Case #: E059661
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/05/2015

Deputy sheriff's warrantless search of defendant's bedroom was not unreasonable although it was based on misinformation regarding defendant's probation status. A Riverside Sheriff Deputy was dispatched to a modular home in response to a "suspicious activity" call. The officer ran the license plate of a trailer he located on the property and was told it had been reported stolen. The officer knocked on the door of the home and Wolfgang answered. He provided the officer with identification. The deputy ran a record check and was advised by dispatch that Wolfgang was on probation for brandishing a weapon. The deputy assumed…

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Name: In re Ricardo P.
Case #: A144149
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 10/22/2015
Subsequent History: Review granted 2/17/2016: S230923

Juvenile probation condition that permitted electronic searches of minor's cell phone and the electronic accounts accessible through the device was unconstitutionally overbroad. Ricardo admitted two felony counts of first degree burglary and the juvenile court declared him a ward and placed him on probation with numerous terms and conditions, including a condition that required him to submit his "electronics including passwords . . . to search." Ricardo objected to the condition but the juvenile court found that it was appropriate in light of the fact Ricardo admitted that he committed the offenses while under the influence of marijuana and minors…

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Name: In re Erica R.
Case #: A143215
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 09/28/2015

Where there was no evidence connecting minor's usage of electronic devices or social media to her offense or future criminal conduct, probation condition allowing warrantless search of electronics was unreasonable. A school counselor found dozens of ecstasy pills in minor Erica's purse and called police. Erica admitted a misdemeanor possession of ecstasy allegation in a Welfare and Institutions Code section 602 petition. At the disposition hearing the juvenile court adjudged her a ward and placed her on probation subject to numerous terms, including that she submit to searches of her electronics. The juvenile court informed her that this included…

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Name: People v. Romeo
Case #: A140146
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 09/28/2015

Prosecution did not admit sufficient evidence to prove that an officer's warrantless search of a probationer's residence fell under the probation search exception to the warrant requirement. Romeo lived with two probationers, Mills and Bolstad. Officers searched their home and found drugs in the garage, which had been converted into Romeo's living quarters. Romeo was charged with drug-related offenses and moved to suppress the evidence on Fourth Amendment and Harvey-Madden grounds. At the hearing one of the searching officers, Miller, testified that the sole justification for the search was that Mills and Bolstad were on searchable probation. He knew about…

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Name: People v. Douglas
Case #: A140279
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 09/28/2015

An officer need only have an objectively reasonable belief that a person is on postrelease community supervision (PRCS) to lawfully seize and search the person. Detective Bailey was investigating recent gun violence in a neighborhood when he spotted Douglas, who he had arrested two years before for a firearms-related offense. Bailey decided to search Douglas because he believed Douglas was on PRCS. Bailey ordered Douglas out of his car and, when Douglas got up, a loaded handgun fell to the floorboard. Before his trial for being a felon in possession, Douglas moved to suppress the handgun on the basis that…

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