Cal.1st: While stop was without RS, probation search condition made search lawful, where not flagrant

Any illegality in the initial traffic detention was attenuated by defendant’s probation search condition. Although the patdown search and discovery of the gun occurred shortly after the traffic detention, they did not occur until after the officer had recognized defendant as a person subject to a search condition. The search condition supplied legal authorization to search that was completely independent of the circumstances leading to the traffic stop. Nor was there any flagrancy or purposefulness to the alleged unlawful conduct by the officer. While the trial court found that the stop was made without reasonable suspicion, it specifically found the officer did not act in an arbitrary, capricious, or harassing manner. The officer was aware of defendant’s probation condition before the search, and the existence of that probation condition dissipated any taint that might flow from the detention. People v. Durant, 205 Cal. App. 4th 57, 140 Cal. Rptr. 3d 103 (1st Dist. 2012).

Defendant was a corrections officer, and that helps show he voluntarily consented. United States v. Francis, 2012 U.S. Dist. LEXIS 54244 (W.D. Ark. March 29, 2012).