Terry

To be found eligible for a drug treatment program under Penal Code section 1000 a person must consent to various conditions. Here we conclude that the submission to an unreasonable search and seizure is not one of the conditions.

Petitioner Matthew Terry seeks relief by way of extraordinary writ to eliminate the drug testing and search terms the trial court imposed upon him as a condition of deferred entry of judgment. We conclude the trial court could lawfully impose drug testing conditions, but lacked the authority to impose search terms. We therefore grant a writ of mandate.

Facts

Terry grew marijuana in a flower pot in his backyard. Pursuant to a lawful search by the police, he was arrested and charged with felony cultivation of marijuana. (Health & Saf. Code, § 11358.)

At Terry’s arraignment the felony count was dismissed. Terry pied no contest to a new charge of misdemeanor possession of less than an ounce of marijuana. The court deferred entry of judgment pursuant to section 1000. The court also announced its intention to impose concomitant drug testing and search terms on Terry. (§ 1318.)

Terry objected to the imposition of drug testing and search terms. The…