Medina

People v. Medina

Good Law
158 Cal. App. 4th 1571·2007 Cal. App. LEXIS 2151·70 Cal. Rptr. 3d 413
Court of Appeal of CaliforniaDecember 27, 2007F051748California3,238 words

Opinion

Opinion

Kane, J.

The trial court granted defendant John Perez Medina, Jr.’s motion to suppress evidence discovered during a suspicionless probation search of his residence conducted solely based on defendant’s probation search condition. The People appeal. We will reverse.

FACTUAL AND PROCEDURAL SUMMARY

A Bakersfield police officer stopped defendant’s vehicle due to an inoperative taillight. Defendant pulled into the driveway of his house and stopped. Defendant told the officer it was his house. The officer asked defendant for his identification and conducted a records check that showed defendant was on felony probation subject to search for narcotics and paraphernalia. The officer searched defendant and his car, but found no contraband. The officer then asked defendant for his house keys, which defendant provided. The officer rang the doorbell and defendant’s father answered the door. The officer told him he was there to conduct a probation search on defendant. The father said he understood and he directed the officer to defendant’s room. Based solely on the search condition of defendant’s probation, the officer searched defendant’s room and found a small amount of methamphetamine on a…

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