What’s the Standard for Knowing if a Suspect is Subject to a Fourth Amendment Waiver Search?

The standard for an officer’s pre-search knowledge that a suspect is subject to a Fourth Amendment waiver search is probable cause. 

• Parole search and seizure conditions; an officer’s prior knowledge 
• Parole searches; standard of proof 
• Prohibition on arbitrary, capricious or harassing parole searches 
• The “collective knowledge doctrine” 

A law enforcement officer needs only to have “probable cause” to believe that a person is on active parole before that person may be searched pursuant to a parole search condition. However, arbitrary, capricious or harassing parole searches are prohibited by California statutory and case law.

Pursuant to the “collective knowledge doctrine,” information possessed by one officer may be imputed to another when the officers are either working together or one is acting at the direction or request of another. 

Defendant Christian Alejandro Estrella is a documented gang member belonging to the Angelino Heights Sureños, a criminal gang based in Santa Rosa, California. Having served prison time for an unspecified offense, he was paroled to Lakeport, California. On July 2, 2018, he visited the Lakeport Police Department to register as a convicted gang member, as required by Penal Code §186.30. When ....