In re Cesar G.

Good Law
Court of Appeal of CaliforniaFebruary 10, 2022A161171California3,136 words

Opinion

Opinion

Miller, J.

DISCUSSION

A. Search Condition Cesar argues that the condition of probation requiring him to submit to warrantless searches for alcohol or controlled substances is unreasonable under People v. Lent (1975) 15 Cal.3d 481 (Lent) and In re Ricardo P. (2019) 7 Cal.5th 1113 (Ricardo P.), as well as unconstitutionally overbroad. We conclude that the condition meets the requirements of Lent and Ricardo P., and decline to reach the constitutional issue because it has been forfeited. 1. Additional Background The probation department recommended that Cesar be subject to a search condition that would require him to submit his person, property, any vehicle under his control, and his residence, to search and seizure by any peace officer at any time with or without a warrant. Cesar’s counsel objected to the condition, saying, “I don’t think that a four-way search clause is necessary or is really legal. I’d be objecting under In re Ricardo P. and Lent. I’m not sure why we would need to be able to search Cesar’s home given this first-time misdemeanor.” The probation officer responded that the recommended condition was appropriate and stated, “The minor was drinking and driving, and one of…

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