Parole Legal Updates
Sardinas Decision
While on parole, defendant and
appellant Rolando Sardinas (defendant) was stopped and searched by the
same police officer who had searched him during a traffic stop the night
before. During the second search, the officer discovered rock cocaine on
defendant’s person and arrested him. Prior to trial, defendant moved
under Penal Code section 1538.51 to suppress the drug evidence recovered
by the officer during the second search, but the trial court denied the
motion. Defendant was thereafter convicted of possession for sale of
cocaine base. On appeal, defendant challenges the trial court’s ruling
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Reyes Decision
Defendant Rudolfo Reyes appeals
from a judgment of conviction imposing a seven-year prison sentence. The
dispositive issues are whether adult parole searches continue to require
a reasonable suspicion of criminal or parole-violative activity and, if
so, whether the instant search of defendant was justified by this
standard. We conclude the “reasonable suspicion” test still applies to
parole searches; as we will discuss, the present facts do not meet this
standard. Because we will reverse the judgment accordingly, we need not
discuss the sentencing issues raised by defendant and by the People in
their cross-appeal. more >
Valdivia Remedial Plan
For Parole Revocation
In compliance with a federal judge's order in the case of Valdivia v.
Schwarzenegger (previously Valdivia v. Davis), the state recently
submitted a plan to reform the parole revocation process. The court
found that the current system unfairly denied parole violators their
rights to a probable cause hearing and a speedy trial. We believe that
the implementation of this plan will generate significant costs for the
state and possibly for local governments, as well. We recommend that the
California Department of Corrections and the Board of Prison Terms
report to the Legislature on the full fiscal impacts of this plan.
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The Hunter Decision
Hunter argued that the trial court erred in denying a motion to
suppress evidence seized in a warrantless search of his storage unit
while he was incarcerated for parole violations, but before his parole
was formally revoked. Hunter also argued that inculpatory statements he
made to a police detective after learning that items had been seized
from the storage unit should have been suppressed as the product of the
warrantless search.
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Samson v California
This case was decided by the United States Supreme Court on June 19,
2006. The court upheld the State of California's standard for parole
searches. The Reyes decision is the standard in California for Parole
searches. Officers do not need probable cause nor reasonable suspicion
to conduct a parole search. This type of search is not a violation of
the parolee's fourth amendment rights.
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People v. Baker
While conducting a parole search of a vehicle, may officers search a
woman’s purse if the parolee was a man? FACTS: During a traffic stop in
Kern County, an officer learned that the driver was on parole. Having
decided to conduct a parole search of the vehicle, he asked the
passenger, Wendy Baker, to exit. When Baker stepped from the car, she
left her purse on the floorboard. In the course of the search, the
officer searched the purse and found methamphetamine. Baker was arrested
for possession.
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Original Crawford Decision
Overturned Decision
Here's
a weird item...