P.

BACKGROUND

On August 16, 2010, defendant entered his guilty plea; his plea was contingent

on being accepted into the drug court program.

Although not originally included, we augmented the record to include drug court

materials the trial court had kept confidential. This included status reports prepared for

review hearings as well as defendant‟s application forms. Among these was a “DRUG

COURT APPLICATION AND AGREEMENT” (Agreement), which defendant

initialed and signed on the same date he pleaded guilty. In the Agreement defendant

waived “the requirement for Probation to file a formal Petition to Revoke probation, and

a right to a Probation Violation hearing (Vicker‟s Hearing) on any violations that may

occur while I am on Drug Court Probation.” He also agreed “that I will submit to a

search of my person, place of residence, and/or any other property under my control,

without the necessity of a search warrant, at any time of the day or night, without

reasonable cause by any law enforcement officer, probation officer, or any member of

the Drug Court Treatment Team.”

Defendant was granted probation on September 28, 2010, probation condition

being his participation…