IPG #12 (New Cases on Search Clauses Douglas Romeo Wolfgang)

This edition of IPG discusses a trio recent appellate cases involving search clauses: People v. Douglas (2015) 240 Cal.App.4th 855; People v. Romeo (2015) 240 Cal.App.4th 931; and People v. Wolfgang (2015) 240 Cal.App.4th 1268. Among the issues raised in the cases:

Can an officer’s knowledge a defendant is on PRCS, by itself, provide the required pre-search knowledge of the existence and scope of the search clause? Is an officer always required to run a check to verify the status of a probationer immediately before conducting a probation search? Has the Harvey-Madden rule been abrogated in certain circumstances by Proposition 8? Must an officer know of the specific terms of a probation search condition before conducting a probation search? Will evidence obtained by an officer who was not specifically aware of the scope of a search clause always have to be suppressed?