Bravo

In this proceeding we review a decision of the Court of Appeal reversing a judgment of conviction in a criminal case. (Cal. Rules of Court, rule 28(a)(2).) The Court of Appeal held that a condition of probation that expressly authorizes only a warrantless search cannot properly be construed as permitting a search without reasonable cause. We disagree and reverse the judgment of the Court of Appeal.

I

On January 20, 1981, appellant was convicted of possessing concentrated cannabis (Health & Saf. Code, § 11357, subd. (a)). He was granted probation and, as a condition of that probation, agreed to “submit his person and property to search or seizure at any time of the day or night by any law enforcement officer with or without a warrant.” Appellant was still on probation and subject to the search condition in February 1982 when an anonymous informant, who stated that he was a neighbor, telephoned the Anaheim Police Department and reported that the volume of traffic in automobiles and people in and around appellant’s home suggested to the caller that appellant was involved in the sale of narcotics.

Police officers conducted surveillance of appellant’s home, but observed…