People v. Bravo
43 Cal.3d 600, 738 P.2d 336, 238 Cal. Rptr. 282 (1987)
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Rule of Law:
A probationer who consents to a probation condition allowing searches 'with or without a warrant' also waives the Fourth Amendment's requirement of reasonable cause for a search. Such a search is permissible so long as it is not undertaken for harassment or for arbitrary or capricious reasons.
Facts:
- In January 1981, Bravo was convicted of a drug offense and granted probation.
- As a condition of probation, Bravo agreed to “submit his person and property to search or seizure at any time of the day or night by any law enforcement officer with or without a warrant.”
- In February 1982, an anonymous neighbor telephoned the Anaheim Police, reporting suspicious traffic at Bravo's home that suggested drug sales.
- Police conducted surveillance but observed nothing to substantiate the anonymous tip.
- After learning Bravo's name, officers discovered he was on probation and subject to the warrantless search condition.
- On March 19, 1982, officers searched Bravo’s home based solely on his probation search condition.
- The search revealed cocaine, firearms, and a large amount of cash.
Procedural Posture:
- Bravo was charged in the trial court with possession of cocaine, possession of cocaine for sale, and possession of a concealable firearm by a convicted felon.
- The trial court denied Bravo's motions to set aside the information and to suppress the evidence seized from his home.
- Following the denial of his motions, Bravo pleaded guilty to possession of cocaine for sale and possession of a firearm.
- Bravo, as appellant, appealed the judgment to the Court of Appeal, challenging the denial of his suppression motion.
- The Court of Appeal reversed the trial court's judgment of conviction, finding the search unlawful.
- The People, as petitioner, sought review of the Court of Appeal's decision from the Supreme Court of California.
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Issue:
Does a probation condition that subjects a probationer to a search 'with or without a warrant' also permit a search conducted without reasonable cause?
Opinions:
Majority - Panelli, J.
Yes, a probation condition permitting a search 'without a warrant' also permits a search without reasonable cause. A probationer's consent to a search condition is a voluntary waiver of Fourth Amendment rights in exchange for the privilege of probation. The scope of this waiver must be interpreted by an objective standard based on the plain language of the condition, not a strict standard used for trial rights. Unlike a parolee, a probationer has the right to refuse probation if the conditions are too harsh. The phrase 'with or without a warrant' is a broad waiver of privacy, and to require reasonable cause would render the condition superfluous. The purpose of such conditions—to deter future offenses and monitor compliance—supports this broad interpretation. However, this waiver does not permit searches conducted for harassment or for arbitrary or capricious reasons.
Analysis:
This decision significantly clarifies the scope of consent for probation searches in California, distinguishing them from parole searches. It establishes that a general waiver of the warrant requirement is a broad waiver of Fourth Amendment protections, not just the procedural step of obtaining a warrant. This ruling grants law enforcement substantial authority to search probationers based on their status, without needing particularized suspicion, thereby strengthening the supervisory and deterrent aspects of probation. Future legal challenges will likely focus on whether a search was conducted for a legitimate law enforcement purpose versus being arbitrary, capricious, or for harassment.
