Cal.2: Mistake of fact def was on probation made probation search unreasonable

Officers thought defendant was on probation and searched him, but he wasn’t at the time. The state put on no evidence of good faith, so the search fails for lack of a factual or legal basis for the search. People v. Rosas, 2020 Cal. App. LEXIS 495 (2d Dist. June 8, 2020).

Defendant objected to a consent search, but police removed him from the home and then validly sought consent from a third person with authority. This was valid third party consent under Fernandez and Randolph. Thus, defense counsel wasn’t ineffective for not objecting. State v. Rodriguez, 2020-Ohio-3242, 2020 Ohio App. LEXIS 2177 (11th Dist. June 5, 2020).*

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