Cal.6th: Citizen informant’s report def matched a BOLO of a sex offender justified talking to him, and his probation search condition justified search

A San Jose bus driver thought that a passenger on a bus was a person there was a BOLO out on for having committed a lewd act on a child on a bus that was captured on the bus video. Defendant seemed to match the description. He called the police and they got defendant off the bus, determined that he was subject to a probation search condition and drugs were found on him. After a clear picture was obtained from the bus video and compared to defendant, they determined that he wasn’t the guy. Based on the citizen informant’s report and the closeness of the description, the search was valid, and the trial court erred in suppressing. People v. Stanley, 2017 Cal. App. LEXIS 1105 (6th Dist. Nov. 20, 2017), published Dec. 12, 2017.

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