P. v. Kekaula
On March 1, 2006, the People filed an information charging Kwame Kekaula (Respondent) with a violation of Health and Safety Code section 11359 (possession of marijuana for sale), Health and Safety Code section 11378 (possession of a controlled substance for sale), and Penal Code section 12021, subdivision (a)(1) (possession of a firearm by a felon). After a hearing, the court granted Respondents motion to suppress evidence seized from Respondents residence. The court dismissed the case on its own motion and the People now appeal.
Respondent was subject to a condition of probation requiring him to submit to warrantless searches for stolen property. At issue is whether the search that yielded the contraband exceeded the scope of the search permissible under his probation condition. Court find Respondent did not have a reasonable expectation of privacy in the areas where police searched for and seized the suppressed evidence. The officers legally entered Respondents residence and conducted the search in a reasonable, non-harassing manner. Court now reverse.
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