Velasquez

Maria Ann Velasquez appeals her conviction for sale of marijuana. (Health & Saf. Code, § 11360, subd. (a).) She pleaded guilty after her motion to suppress evidence on the grounds of an illegal arrest was denied. (Pen. Code, § 1538.5.) She was on probation at the time of the arrest. One of the probation conditions was a waiver of her Fourth Amendment rights and consent to searches and seizures. 1 On appeal, she contends the waiver does not extend to searches incident to an illegal arrest. We affirm.

A Santa Ana police officer was working undercover on the afternoon of June 27, 1992, when she observed Velasquez and a male companion walk to the front of a convenience store where they remained for about 30 minutes. A man entered the store, came out, and spoke to them. Velasquez’s companion retrieved a plastic bag containing a dark substance from his waistband and gave it to the man in exchange for money. Officers arrested the man and seized the plastic bag which contained marijuana. The man said he purchased the marijuana from Velasquez’s companion with a $20 bill.

Velasquez and her companion were arrested. In a booking search at the police department a $20 bill and a $1…

“Round up the usual suspects!” These words, once as foreign to American justice as Casablanca is to Santa Ana, may *560 become commonplace if today’s ill-advised decision ever becomes the law of the land.

My research has turned up no reported decision approving an otherwise illegal arrest merely because it turns out the arrestee has consented to probation searches. Nor would one expect to find one, since a “search condition must [ ] be interpreted on the basis of what a reasonable person would understand from the language of the condition itself . . . .” (People v. Bravo (1987) 43 Cal.3d 600, 607 [ 238 Cal.Rptr. 282 , 738 P.2d 336 ].) No reasonable person would expect a waiver of the right to be free from searches and seizures without cause or warrant to include a waiver of the right to be free from illegal arrests. This court’s questionable opinion in People v. Viers (1991) 1 Cal.App.4th 990 [ 2 Cal.Rptr.2d 667 ] pushed the Fourth Amendment to the outer limit; now the majority simply erases it from the Constitution. Even in Bravo , the Supreme Court limited probation searches to “rehabilitative and reformative purposes of probation or other legitimate law enforcement purposes.”…

Maria Ann Velasquez appeals her conviction for sale of marijuana. (Health & Saf. Code, § 11360, subd. (a).) She pleaded guilty after her motion to suppress evidence on the grounds of an illegal arrest was denied. (Pen. Code, § 1538.5.) She was on probation at the time of the arrest. One of the probation conditions was a waiver of her Fourth Amendment rights and consent to searches and seizures. [1] On appeal, she contends the waiver does not extend to searches incident to an illegal arrest. We affirm.

A Santa Ana police officer was working undercover on the afternoon of June 27, 1992, when she observed Velasquez and a male companion walk to the front of a convenience store where they remained for about 30 minutes. A man entered the store, came out, and spoke to them. Velasquez's companion retrieved a plastic bag containing a dark substance from his waistband and gave it to the man in exchange for money. Officers arrested the man and seized the plastic bag which contained marijuana. The man said he purchased the marijuana from Velasquez's companion with a $20 bill.

Velasquez and her companion were arrested. In a booking search at the police department a $20…