(Download) "People V. Reyes" by California Supreme Court " Book PDF Kindle ePub Free
eBook details
- Title: People V. Reyes
- Author : California Supreme Court
- Release Date : January 21, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
In People v. Burgener (1986) 41 Cal.3d 505 (hereafter Burgener), this court held a parolee subject to a search condition still retains a reasonable, though somewhat diminished, expectation of privacy under the Fourth Amendment. Thus, a warrantless search of his person or property must be justified by at least a reasonable suspicion "that the parolee has violated the law or another condition of his parole, or is planning to do so." (Id. at p. 533, fn. omitted.) Subsequently, in In re Tyrell J. (1994) 8 Cal.4th 68 (hereafter Tyrell J.), we upheld the warrantless search of a juvenile probationer, subject to a search condition, because he did not have "a reasonable expectation of privacy over his . . . person or property" that society is "willing to recognize as legitimate." (Id. at pp. 86, 89.) The Attorney General contends there is no constitutionally significant difference between an adult parolee and a juvenile probationer in these circumstances. Thus, in light of Tyrell J., reasonable suspicion is no longer a prerequisite to a lawful search of a parolee. The Court of Appeal concluded Burgener remains good law and the standard articulated in Tyrell J. does not apply to adult parolees. We granted review to resolve the tension apparent in our precedents and to decide whether the logic of Tyrell J. has significance in the context of adult parole searches.