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  5. 118 Cal.Rptr.2d 201 (2002)
 

PEOPLE v. BLACK

Nos. F033914, F038143.

118 Cal.Rptr.2d 201 (2002)

96 Cal.App.4th 1389

The PEOPLE, Plaintiff and Respondent, v. John Nicholas BLACK, Defendant and Appellant. In re John Nicholas Black, On Habeas Corpus.

Court of Appeals of California, Fifth District.

Review Granted June 12, 2002.

Attorney(s) appearing for the Case

Shama H. Mesiwala, under appointment by the Court of Appeal, for Defendant, Appellant and Petitioner.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Louis M. Vasquez, Lloyd G. Carter and Michelle L. West, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

WISEMAN, J.

INTRODUCTION

Recognizing that what goes around comes around, we reconsider the scope of a case that originated out of this court. In 1992, we held the People could not validate a search by relying on a probation search condition that the searching officer was unaware of at the time the search was conducted. Our decision was not on the books for long...

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