People v. Tyrell J.

KENNARD, J., Dissenting.—In this case, a police officer, acting without probable cause, conducted a warrantless search of a minor that resulted in the discovery of contraband. The minor was on probation and subject to a search condition, of which the officer was unaware at the time of the search. To determine the admissibility of the fruits of the search, this court must address two questions: First, may the prosecution rely on the probation search condition as justification for the search when the searching officer did not know of the condition’s existence? Second, assuming the prosecution…