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Cal.2d: Two parole searches in two days was not shown to be harassing; the officer had reason

By John Wesley Hall, Jr.

Defendant was stopped and parole searched twice in 24 hours by the same police officer. Defendant did not show that the search was harassing because the officer had reason to believe defendant was in possession when he was seen the second time. People v. Sardinas, 2009 Cal. App. LEXIS 70 (2d Dist. January 22, 2009): In this case, the trial court heard the testimony of Officer Samuels at the hearing on defendant's motion to suppress and concluded that the December 21 search in the convenience store parking lot was conducted for a legitimate law enforcement purpose and not to harass. There is substantial evidence in the record to support that conclusion. The search in question was conducted directly across the street from an apartment complex known to Officer Samuels as a location where drug trafficking occurred...continue to full post

Full post as published by Fourth Amendment on January 25, 2009 (boomark / email).