Fourth Waiver Laws in California
A parolee forfeits certain Fourth Amendment rights, including protections against "unreasonable searches and seizure." While California law is often succinct about these boundaries, several slight variations exist depending on the situation and legal perspective.
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Physical Person
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In California, a parolee can be searched by any authorized law enforcement officer. This means that parole agents or probation officers are not the only agents invested with this power. California law does not require a policeman to contact a parole officer before conducting a related search of a parolee's physical person.
Homes and Work Sites
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In terms of searching a parolee's home or employment, law enforcement officers may have more restrictions. They are, to some degree or another, expected to call an applicable probation officer for authorization. However, this is only recommended for enhanced security and interdepartmental cooperation.
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Ambiguity
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The 9th Circuit Court of Appeals in California has hotly argued the issue of fourth waiver searches of parolees' homes. Justices Trott and Reinhardt disputed whether parole represented a continuation of state custody and if it's assumed that a parolee's constitutionally endorsed liberties have been waived. Trott argued for these positions and Reinhardt against. Thus, California law has been at the center of disagreements over the intersection of state penal codes and constitutional authority with regard to fourth waiver debate.
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