Sanders

In People v. Robles (2000) 23 Cal.4th 789 , 97 Cal.Rptr.2d 914 , 3 P.3d 311 , the California Supreme Court held that the People may not validate a warrantless search of a residential garage, after the fact, based on advanced consent to probation searches when the searching officers were unaware of the advance consent. We hold, pursuant to the Robles rationale, that a warrantless search of a residence may not be justified as a parole search where the searching officer was unaware of the parole condition at the time of the search. We also conclude the "protective sweep doctrine" did not apply to the search here because it was a search of the entire residence without reasonable cause to believe the areas swept harbored an individual posing a danger to those on the arrest scene. We therefore reverse the judgment.

On May 17, 1999, an information was filed in Kern County Superior Court charging defendants, Arlene Sanders and Kenton McDaniel, with possession of cocaine base for purposes of sale (Health & Saf.Code, § 11351.5). It was further alleged that McDaniel was previously convicted of the same offense on or about May 9, 1997, within the meaning of Health and Safety…