PEOPLE v. SANDERS

No. S094088.

2 Cal.Rptr.3d 630 (2003)

73 P.3d 496

31 Cal.4th 318

The PEOPLE, Plaintiff and Respondent, v. Arlene Dena SANDERS et al., Defendants and Appellants.

Supreme Court of California.

As Modified on Denial of Rehearing October 22, 2003.


Attorney(s) appearing for the Case

J. Peter Axelrod, Santa Rosa, under appointment by the Supreme Court, for Defendant and Appellant Arlene Dena Sanders.

Elizabeth M. Campbell, Sacramento, under appointment by the Supreme Court, for Defendant and Appellant Kenton Michael McDaniel.

Alan L. Schlosser; Kathy Kahn and John T. Phillipsborn, San Francisco, for American Civil Liberties Union of Northern California and California Attorneys for Criminal Justice as Amici Curiae on behalf of Defendants and Appellants.

Law Offices of the Alternate Defender, Jose R. Villarreal, San Jose, Ronald A. Norman and Stephen Elrick for California Public Defenders Association and Alternate Defender Office as Amici Curiae on behalf of Defendants and Appellants.

Bill Lockyer, Attorney General, David P. Druliner and Robert R. Anderson, Chief Assistant Attorneys General, Jo Graves, Assistant Attorney General, Louis M. Vasquez, Robert P. Whitlock, Leah Ann Alcazar, John G. McLean and Doris A. Calandra, Deputy Attorneys General, for Plaintiff and Respondent.

Steve Cooley, District Attorney (Los Angeles), George M. Palmer, Head Deputy District Attorney, Brentford J. Ferreira and Phyllis C. Asayama, Deputy District Attorneys, for California District Attorneys Association as Amicus Curiae on behalf of Plaintiff and Respondent.


MORENO, J.

In In re Martinez (1970) 1 Cal.3d 641, 83 Cal.Rptr. 382, 463 P.2d 734 we held that the warrantless search of a residence could not be justified as a parole search if the police did not know of the suspect's parole status when they conducted the search. In In re Tyrell J. (1994) 8 Cal.4th 68

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