Cal.5: Detaining visiting non-probationer during probation search was unreasonable

Defendant was visiting a friend when the friend’s PO showed up for an unannounced search. Defendant was detained, too. His detention was unreasonable. People v. Gutierrez, 2018 Cal. App. LEXIS 282 (5th Dist. Mar. 29, 2018).

This defendant challenged the search warrant for his cell phones as issued without probable cause. Instead, “We decide this case on Leon grounds. Even if the warrant here never should have issued-a question we express no opinion on-the affidavit here is ‘not so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable.’” United States v. Merriweather, 2018 U.S. App. LEXIS 7727 (6th Cir. Mar. 28, 2018).* (The good faith exception now is relegated to unpublished opinions.)