Cal.4: The oath or affirmation requirement of the Fourth Amendment does not apply to a probation arrest warrant

The oath or affirmation requirement of the Fourth Amendment does not apply to a probation arrest warrant. A warrant is not required for a probation search; it is illogical to require one for retaking a probationer for violation of the terms of release. People v. Woodall, 216 Cal. App. 4th 1221, 157 Cal. Rptr. 3d 220 (4th Dist. 2013):

We agree with the analysis and holding in the above cases. Just as the warrant clause is inapplicable to the search of a probationer’s home, it is inapplicable to the arrest of a probationer. A probationer, by the very nature of the probation grant, is on notice that he or she is subject to the supervision of the government and that the liberty granted by the government is conditioned on compliance with probation conditions. To effectively supervise a probationer, the government needs to be able to expeditiously arrest the probationer in the event of noncompliance with probation conditions. Considering the government’s need to act expeditiously while monitoring the probationer and the probationer’s reduced expectation of liberty, we conclude a probationer falls outside the ambit of the warrant clause. Hence, in the event a warrant is used to arrest a probationer, the warrant need not comply with the oath or affirmation provision of the warrant clause.