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PEOPLE v. SPENCE

No. C028033.

93 Cal.Rptr.2d 607 (2000)

78 Cal.App.4th 1242

The PEOPLE, Plaintiff and Respondent, v. Kevin Bryan SPENCE, Defendant and Appellant.

Court of Appeals of California, Third District.

As Modified on Denial of Rehearing April 10, 2000.

Review Granted July 12, 2000.

Attorney(s) appearing for the Case

Todd D. Riebe, Madera, and Colin J. Heran, Sacramento, under appointments by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Robert Anderson, Senior Assistant Attorney General, Stan Cross and Alison Elle Aleman, Deputy Attorneys General for Plaintiff and Respondent.

MORRISON, J.

This case presents the question whether the exclusionary rule should apply to a probation search conducted by police officers in reliance on a probation roster that was designed to omit information concerning judicially imposed limitations on the authority to conduct a probation search.

In reliance on a computer generated probation roster that told law enforcement that an individual was on probation and if he was subject to a search condition...

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