The PEOPLE, Plaintiff and Appellant,
v.
Rudolfo REYES, Defendant and Appellant.
Supreme Court of California.https://leagle.com/images/logo.png
September 21, 1998.
As Modified on Denial of Rehearing December 2, 1998.
Attorney(s) appearing for the Case
Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Michael J. Weinberger, Shirley A. Nelson, Margaret Garnand Venturi and Rachelle A. Newcomb, Deputy Attorneys General, for Plaintiff and Appellant.
William J. Arzbaecher III, under appointment by the Supreme Court, for Defendant and Appellant.
Jose R. Villarreal, Public Defender (Santa Clara), Ronald A. Norman, Alternate Public Defender, and Stephen B. Elrick, Deputy Public Defender, as Amici Curiae on behalf of Defendant and Appellant.
Supreme Court of California.
BROWN, Justice.
In People v. Burgener (1986) 41 Cal.3d 505, 224 Cal.Rptr. 112, 714 P.2d 1251 (hereafter Burgener), this court held a parolee subject to a search condition still retains a reasonable, though somewhat diminished, expectation of privacy under the Fourth Amendment. Thus, a warrantless search of his person or property must be justified...
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