{"id":8050,"date":"2013-01-25T19:37:48","date_gmt":"2012-12-05T06:54:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-12-05T06:54:47","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8050","title":{"rendered":"Cal.: Parole search of car extends anywhere parolee could keep his stuff"},"content":{"rendered":"<p>Parole search of a car extends where the parolee could keep his stuff. <a href=\"http:\/\/www.courts.ca.gov\/opinions\/documents\/S186707.PDF\">People v. Schmitz<\/a>, 55 Cal. 4th 909, 149 Cal. Rptr. 3d 640, 288 P.3d 1259 (2012):<\/p>\n<blockquote><p>This case involves the constitutional limits of a vehicle search based on a passenger&#8217;s parole status. Here, an officer, aware that the front seat passenger was on parole, searched the backseat of defendant&#8217;s car and recovered drugs and drug paraphernalia from a chips bag and a pair of shoes. Defendant, the driver, sought to suppress that evidence. We conclude that the search was reasonable under the Fourth Amendment to the United States Constitution. We hold that the Constitution permits a search of those areas of the passenger compartment where the officer reasonably expects that the parolee could have stowed personal belongings or discarded items when aware of police activity. Additionally, the officer may search personal property located in those areas if the officer reasonably believes that the parolee owns those items or has the ability to exert control over them.<\/p><\/blockquote>\n<p>Court of Appeals reversed. People v. Schmitz, 187 Cal. App. 4th 722, 114 Cal. Rptr. 3d 490 (4th Dist. 2010).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8050\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8050","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8050","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8050"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8050\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8050"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8050"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8050"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}