Cal.3d: This suspicionless parole search wasn’t unreasonable or harassing

While a suspicionless search condition can be harassing and thus unreasonable, this one wasn’t. People v. Perkins, 2016 Cal. App. LEXIS 980 (3d Dist. Nov. 14, 2016):

“‘[A] parole search could become constitutionally “unreasonable” if made too often, or at an unreasonable hour, or if unreasonably prolonged or for other reasons establishing arbitrary or oppressive conduct by the searching officer.’ [Citations;] see In re Anthony S. (1992) 4 Cal.App.4th 1000, 1004 [6 Cal. Rptr. 2d 214], [a search is arbitrary and capricious when the motivation for the search is unrelated to rehabilitative, reformative or legitimate law enforcement purposes, or when the search is motivated by personal animosity toward the parolee]; People v. Bremmer (1973) 30 Cal.App.3d 1058, 1062 [106 Cal. Rptr. 797] [unrestricted search of a probationer or parolee by law enforcement officers at their whim or caprice is a form of harassment].)

“Where the search is for a proper purpose, we hold that, even in the absence of particularized suspicion, a search conducted under the auspices of a properly imposed parole search condition does not intrude on any expectation of privacy ‘society is “prepared to recognize as legitimate.”’ [Citations.]” (Reyes, supra, 19 Cal.4th at pp. 753–754.)