THE PEOPLE v. ADRIAN
Filed 7/17/06 (reposted same date to correct counsel listing)
IN THE SUPREME COURT OF CALIFORNIA
)
v. )
Defendant and Appellant. ) Super. Ct. No. FSB022611
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In 2003, we held that police officers must know of a defendant's parole search condition to justify a warrantless search under that exception. (People v. Sanders (2003) 31 Cal.4th 318, 335 (Sanders).) In this case, because the hearing on the defendant's suppression motion (Pen. Code,[1] § 1538.5) occurred before we decided Sanders, the trial court concluded that the search was valid based only on evidence that the defendant was subject to a parole search condition. (See In re Tyrell J. (1994) 8 Cal.4th 68 (Tyrell J.); People v. Reyes (1998) 19 Cal.4th 743.) The parties did not present evidence whether the officers knew of the defendant's search condition at the time of the search.
The question before us is the appropriate remedy in light of Sanders's holding. The Court of Appeal majority here simply reversed the judgment outright, rather than remand for a new suppression hearing. For reasons that follow, we reverse the Court of Appeal's judgment and remand the matter for further proceedings, including to determine whether the officers knew of the search condition.
Factual and Procedural Background
In outlining the relevant facts, we focus on the April 2000 suppression hearing proceedings, including evidence of the preliminary hearing transcript which the trial court considered. (§ 1538.5, subd. (i) [defendant may challenge search â€
