PEOPLE v. FLEMING

Docket No. B074599.

22 Cal.App.4th 1566 (1994)

28 Cal. Rptr.2d 78

THE PEOPLE, Plaintiff and Respondent, v. VICTORIA FLEMING, Defendant and Appellant.

Court of Appeals of California, Second District, Division Two.

March 1, 1994.


Attorney(s) appearing for the Case

COUNSEL

Thomas F. Coleman, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Robert F. Katz and Molly J. Steber, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

NOTT, J.

Among other issues, this case presents the question of whether a trial court may require an applicant for drug diversion to submit to reasonable, but warrantless, searches as a condition of his diversion program. We reluctantly conclude that under the law as currently interpreted, it may not do so.

Appellant Victoria Fleming was charged in count I with possession for sale of a controlled substance (Health...

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