People v. Black

Certified for Partial Publication. [*]

Recognizing that what goes around comes around, we reconsider the scope of a case that originated out of this court. In 1992, we held the People could not validate a search by relying on a probation search condition that the searching officer was unaware of at the time the search was conducted. Our decision was not on the books for long. It was promptly reversed in In re Tyrell J. (1994) 8 Cal.4th 68 , 32 Cal.Rptr.2d 33 , 876 P.2d 519 ( Tyrell J. ), which held "a juvenile probationer subject to a valid search condition does not have a reasonable expectation of privacy over his person or property." ( Id. at p. 86, 32 Cal.Rptr.2d 33 , 876 P.2d 519 .)

Tyrell J. was the equivalent of a legal blockbuster because the California Supreme Court turned the issue of probation searches on its head. The focus no longer was on consent as an exception to the probable cause" requirement (see People v. Bravo (1987) 43 Cal.3d 600, 608-609 , 238 Cal.Rptr. 282 , 738 P.2d 336 ) but whether the minor could assert a right of privacy. The court reasoned that because Tyrell could not refuse probation, he could not expect to be free from arbitrary…