Estes

The California Department of Corrections and the director of the department, James Rowland (hereinafter collectively the Department), appeal a trial court injunction that limits the Department’s ability to conduct *516 random searches of prison visitors’ vehicles on prison property. The Department asserts the injunctive conditions effectively prevent it from conducting the vehicle searches, and maintains the injunction is contrary to settled authority holding that prison visitors consent to searches of their vehicles while on prison property. The Department further complains the injunction was premised on stale evidence that did not reflect the practices in effect at the time of trial, and argues the searches ought to be upheld as proper administrative searches. In their cross-appeal respondents assert the searches are unlawful and must be terminated.

Statement of The Case

On February 26, 1986, respondents filed a verified complaint for injunctive and declaratory relief challenging the Department’s program of searching prison visitors’ vehicles for narcotics and other contraband. They sought a preliminary injunction, which the Department opposed.

The complaint alleged…

I concur in the majority’s comprehensive opinion in this matter. I write separately to express my concern with the broad language used by the trial court in the portion of its judgment retaining jurisdiction to appoint a monitor. The judgment provides “jurisdiction is expressly retained to appoint a monitor to act on behalf of the court, and to determine the precise duties of the monitor and provisions for compensation.” The trial court’s retention of jurisdiction to appoint a monitor “to act on behalf of the court” foreshadows a potentially unconstitutional delegation of judicial powers.

Unlike the federal courts, which have exercised what they have deemed their “inherent equitable power” to appoint monitors in prison reform cases (see Ruiz v. Estelle (5th Cir. 1982) 679 F.2d 1115, 1161 ; maj. opn., ante, p. 535, fn. 17), the power of California state courts to make such appointments *541 is much more narrowly circumscribed. The statutory and constitutional limitations in California state courts were carefully delineated by Justice Butler of the Fourth District in Aetna Life Ins. Co. v. Superior Court (1986) 182 Cal.App.3d 431 [ 227 Cal.Rptr. 460 ]:

“The superior court has no…

The California Department of Corrections and the director of the department, James Rowland (hereinafter collectively the Department), appeal a trial court injunction that limits the Department's ability to conduct random searches of prison visitors' vehicles on prison property. The Department asserts the injunctive conditions effectively prevent it from conducting the vehicle searches, and maintains the injunction is contrary to settled authority holding that prison visitors consent to searches of their vehicles while on prison property. The Department further complains the injunction was premised on stale evidence that did not reflect the practices in effect at the time of trial, and argues the searches ought to be upheld as proper administrative searches. In their cross-appeal respondents assert the searches are unlawful and must be terminated.

On February 26, 1986, respondents filed a verified complaint for injunctive and declaratory relief challenging the Department's program of searching prison visitors' vehicles for narcotics and other contraband. They sought a preliminary injunction, which the Department opposed.

The complaint alleged five causes of…