People v. Hoeninghaus

Opinion

RUSHING, P. J.

INTRODUCTION

The Fourth Amendment proscribes all unreasonable searches and seizures, and it is settled that warrantless searches are per se unreasonable unless they come within an established exception to the warrant requirement. (Mincey v. Arizona (1978) 437 U.S. 385, 390 [57 L.Ed.2d 290, 98 S.Ct. 2408].) A search by police under an adult probationer’s search condition comes within an exception. (See People v. Woods (1999) 21 Cal.4th 668, 674-675 [88 Cal.Rptr.2d 88, 981 P.2d 1019].) In this case, we hold that the exception is inapplicable if police are unaware of the…