Frederick

Petitioner, Robert Allen Frederick, appeals from an order of the superior court denying him a writ of mandate directing respondent justice court, in effect, to order the diversion of his criminal prosecution for violation of Health and Safety Code section 11377 (former § 11910), possession of amphetamines, a misdemeanor, pursuant to Penal Code section 1000 et seq., without including the following condition—that petitioner permit his person, residence, automobile and possessions to be inspected or searched for contraband by his probation officer or any law enforcement officer at any time during the period of the diversion without prior notice. The superior court found, in effect, that the condition was a reasonable one and therefore valid.

The appeal lies. (See Code Civ. Proc., §§ 1110, 904.1, subd. (a); 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 55, pp. 4069-4070.)

The question presented is whether a court has the inherent power to add as a condition to its order of diversion an express waiver of a fundamental constitutional right that is neither specified nor implied in the statutes authorizing diversion. Here, petitioner met the four conditions of eligibility…