IN RE YORK

Docket No. S032327.

9 Cal.4th 1133 (1995)

892 P.2d 804

40 Cal. Rptr.2d 308

In re DAVID ANTHONY YORK et al. on Habeas Corpus. In re JOHNNY CADENAZ et al. on Habeas Corpus. In re PAUL BLAISE ATKINS et al. on Habeas Corpus.

Supreme Court of California.

April 27, 1995.


Attorney(s) appearing for the Case

COUNSEL

Stuart R. Rappaport, Public Defender, and Stephen B. Elrick, Deputy Public Defender, for Petitioners.

Ann Brick, Grossman & Gibbs and Lawrence A. Gibbs as Amici Curiae on behalf of Petitioners.

George W. Kennedy, District Attorney, and Joseph V. Thibodeaux, Deputy District Attorney, for Respondents.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Ronald A. Bass, Assistant Attorney General, Ronald E. Niver and Clifford K. Thompson, Deputy Attorneys General, Thomas Sneddon, Jr., District Attorney (Santa Barbara) and Gerald McC. Franklin, Deputy District Attorney, as Amici Curiae on behalf of Respondents.


OPINION

GEORGE, J.

We granted review in this case to determine whether, in making the decision to release an accused from custody on his or her own recognizance (OR) prior to judgment, a court or magistrate may condition such release upon the defendant's agreement to submit to random drug testing and warrantless search and seizure during that period. Petitioners maintain that the imposition of such conditions is not permitted by the...

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