Myers
Myers v. Superior Court
Opinion
Opinion
Tony Rackauckas, District Attorney, Stephan L. Sauer, Deputy District Attorney, for Real Party in Interest.
O'LEARY, Acting P.J.
Petitioner, Donald Clark Myers, argues the trial court erroneously denied his motion to suppress because the evidence was seized as a result of an illegal search. He contends the search was illegal because the officer did not know he was on probation and subject to a search and seizure condition when he was searched. We agree and order a writ of mandate commanding the trial court to vacate its order denying the motion to suppress and enter a new order granting the motion. The petition is granted.
In September 2003, Myers pled guilty to resisting arrest. He was placed on three years informal probation, which included a "`search and seizure'" condition. [1] The search and seizure condition stated: "`I understand that under the Fourth and Fourteenth Amendments to the United States Constitution, I have a right to be free from unreasonable searches. I waive and give up this right. If I am granted probation, I agree to submit my person and property ... to search and seizure at any time of the day or night by any law enforcement or probation officer with or…