Lazlo
People v. Lazlo
Opinion
Lead Opinion
Bruiniers, J.
Cerina Venice Lazio was placed on probation following her guilty plea to one count of burglary (Pen. Code, § 459) 1 and one count of possession of methamphetamine for sale (Health & Saf. Code, § 11378). That probation was revoked after her subsequent arrest on new criminal charges. The evidence supporting that arrest was suppressed after hearing under section 1538.5, and the new charges dismissed, but was nevertheless used as a basis for the probation revocation. Lazio argues that the order reinstating and *1066 modifying the terms of her probation must be reversed because section 1538.5, subdivision (d), prohibits reliance on previously suppressed evidence at the probation violation hearing. We disagree and affirm.
I. Background
In February 2009, pursuant to a plea bargain, the trial court suspended imposition of sentence on the burglary and methamphetamine charges and placed Lazio on probation for a term of five years. As a condition of her probation, she was required to “conduct [herself] in a law-abiding manner.”
On August 27, 2010, Novato Police Department Sergeant Jennifer Welch and Officer Blake Dunbar entered a motel room in connection with a parole search…