People v. Reyes

KENNARD, J., Concurring and Dissenting.

Twelve years ago, this court unanimously held that a warrantless search of a parolee is permissible only if *757there is a “reasonable suspicion” that the parolee has committed a crime or has violated the terms of parole. (People v. Burgener (1986) 41 Cal.3d 505 [224 Cal.Rptr. 112, 714 P.2d 1251] (Burgener).) This standard has been adopted by the vast majority of jurisdictions that have considered the issue. Today the majority, without pausing to consider whether the search here satisfied this test, unnecessarily reaches out to overturn the “reasonable…