PEOPLE v. SPENCE

No. C028033.

132 Cal.Rptr.2d 621 (2003)

107 Cal.App.4th 1131

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

Court of Appeals of California, Third District.

Review Denied July 23, 2003.


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, 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, by design, omitted information concerning judicially imposed limitations on the authority to conduct a probation search.

A judge may grant probation conditioned on a defendant's consent to warrantless searches. On occasion, a judge...

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