Bowers

Eric J. Bowers appeals from the denial of his motion pursuant to Penal Code sections 995 and 1538.5 to suppress evidence and to dismiss the information against him. He contends the subject evidence was seized in the course of an unlawful detention pursuant to an otherwise illegal search of his person, which Could not be justified as a probation search because the police conducting the search were unaware of his probationary status.

In our prior opinion (People v. Bowers (Apr. 30, 2002, A095890) [nonpub. opn.]), relying on the reasoning of In re Tyrell J. (1994) 8 Cal.4th 68 [32 Cal.Rptr.2d 33, 876 P.2d 519 ], we concluded that the search was reasonable and justified because appellant was a probationer subject to police search as a condition of his probation, even though at the time of the search in this case the officers were in fact unaware of his probationary status. The California Supreme Court granted review of our decision and held the matter pending its decision in People v. Sanders (2003) 31 Cal.4th 318 [ 2 Cal.Rptr.3d 630 , 73 P.3d 496 ] (Sanders). In that case, the Supreme Court declined to apply the reasoning of Tyrell J. to an adult parolee in the context of a…