Perez

After his motions to suppress evidence (Pen. Code, § 1538.5) and set aside the information (Pen. Code, § 995) were denied, defendant entered a plea of guilty to possession of methamphetamine (Health & Saf. Code, § 11377) and unlawful possession of waterfowl (Fish & G. Code, § 2002). He was granted probation, on the condition he serve 60 days’ home arrest with electronic monitoring. Both parties appeal. Defendant contends his motion to suppress should have been granted because he was unlawfully detained at the fish and game checkpoint; the People challenge the sentence as unauthorized. Only the People’s contention has merit. We determine the fish and game checkpoint did not result in an unreasonable search or seizure under the Fourth Amendment. The trial court, however, exceeded its jurisdiction in ordering home detention as a condition of probation, so the sentencing order must be vacated.

Factual and Procedural Background

On October 9, 1994, coinciding with the opening of hunting season at Lower Klamath Tulelake Basin, the Department of Fish and Game conducted a roadside waterfowl inspection site. The checkpoint was located on highway 97, three miles south of the…