Does a search conducted pursuant to a probation search condition violate the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Butler, C059131 (Cal. App. 4/29/2009), C059131. (Cal. App. 2009):

"In summary, under California law, a search conducted pursuant to a known probation search condition, even if conducted without reasonable suspicion of criminal activity, does not violate the Fourth Amendment as long as the search is not undertaken for harassment or for arbitrary or capricious reasons or in an unreasonable manner." (People v. Medina, supra, 158 Cal.App.4th at p. 1577, fn.3, parallel citations omitted.)

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