Leal

Following denial of his motion to suppress evidence (Pen.Code, § 1538.5), [1] defendant Raul Anthony Leal pleaded no contest to obliterating the identification of a firearm (§ 12090). The trial court placed defendant on probation for three years subject to various conditions.

On appeal, defendant contends that the trial court erred by denying his motion to suppress. He argues that the search conducted incident to his arrest was beyond the scope of the arm's-reach rule of Chimel v. California (1969) 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 . He also challenges the imposition of a probation condition that he may not be present at any court proceeding or, in any courthouse building unless he is scheduled for a court hearing or has the permission of his probation officer. He contends that the condition is unreasonable and violates his constitutional rights to travel and to attend court proceedings.

Because we find that the search conducted following defendant's arrest violated the Fourth Amendment to the United States Constitution, we will reverse the judgment.

Defendant was charged by a complaint filed August 11, 2005, with obliterating the identification of a…