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PEOPLE v. HOENINGHAUS

No. H025621.

16 Cal.Rptr.3d 258 (2004)

120 Cal.App.4th 1180

The PEOPLE, Plaintiff and Respondent, v. Brian Keith HOENINGHAUS, Defendant and Appellant.

Court of Appeals of California, Sixth District.

Review Denied October 13, 2004.

Attorney(s) appearing for the Case

Tutti Hacking, Santa Cruz, under appointment by the Court of Appeal, for Appellant, Brian Keith Hoeninghaus.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorneys General, Catherine A. Rivlin and Christina Vom Saal, Deputy Attorneys General, for Plaintiff and Respondent, The People.

RUSHING, P.J.

INTRODUCTION

The Fourth Amendment proscribes all unreasonable searches and seizures, and it is settled that warrantless searches are per se unreasonable unless they come within an established exception to the warrant requirement. (Mincey v. Arizona (1978) 437 U.S. 385, 390, 98 S.Ct. 2408, 57 L.Ed.2d 290.) A search by police under an adult probationer's search...

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