People v. Bravo: Do Probationers Who Consent to Warrantless Search Provisions as a Condition of Probation Waiver Whatever Claim of Privacy They Might Otherwise Have Had?

• NCJ Number: 115813
• Journal: Criminal Justice Journal Volume: 10 Issue: 2 Dated: (Spring 1988) Pages: 377-395
• Author(s): J A Howell
• Date Published: 1988
• Length: 19 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

In its July 1987 decision in People vs. Bravo, the California Supreme Court held that one who consents to be subject to a search at any time without a warrant as a condition of probation is subject to a search even if reasonable cause or suspicion is not present, so long as the search is not undertaken for arbitrary or capricious reasons or to harass.

Abstract

Under this decision, only searches conducted for reformative, rehabilitative, or other legitimate law enforcement purposes are valid. Because police or probation officers can act upon any information that leads to suspicion that the probationer is in violation of the terms of his probation, the burden of establishing that a search was undertaken for invalid reasons is on the probationer. Such a burden is nearly impossible to meet and presents the potential for abuse. However, the court recognized the reality of conflicts among a probationer's rights, the overcrowded prisons, and the need to both rehabilitate offenders and protect society. Bravo had a right to refuse the warrantless search condition and, thus, probation. By accepting probation and the search condition, Bravo waived his fourth amendment rights and, in exchange, received the privilege of liberty if he remained law-abiding. Once the conditions of his probation are fulfilled, he will again enjoy these rights. 94 footnotes.