Legal Question in Criminal Law in California
I realize that being on probation/parole usualy includes waiving your 4th amendment right and that warentless searches are permissable for not only probation purposes but also for investigative purpose.
My question is; does this mean that at any given time any officer without cause, reason, suspicion, or purpose enter your private property as a homeowner and conduct a search?
This may seem unusual or unrealistic, however, it has actually happened to my brother last weekend and when the officer was asked why he just showed up and did the search his reply was "I had nothing better to do and was driving by..."!
Doesn't this constitute an unreasonable search?
Although it has no relevance to my question, for information purpose only, No they didn't find anything illegal in on or around my brother or his residence!
2 Answers from Attorneys
Yes. As part of probation or parole, a defendant may consent to what are known as "search terms." This can include a waiver of the 4th Amendment, and consent to search at any time.
Even if there is a "4th waiver" in your terms of probation, which is not automatic, the cop still has to have some articulable reason to search. "Nothing better to do" isn't enough.
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