In Freytes v. Superior Court (1976) 60 Cal. App. 3d 958, the defendant's probation was revoked and reinstated. However, when the trial court reinstated probation it failed to include a search condition that was part of the defendant's original conditions of probation. A search was subsequently conducted at the defendant's house that resulted in the seizure of contraband. The defendant's search condition was the only justification offered in the trial court for the search. (Id. at pp. 960-961.) In reversing the trial court's denial of the defendant's suppression motion and finding the search illegal the Freytes court stated, "In view of the fact that the only probation order that included a consent to search was revoked, that the second probation order did not include a consent to search, and that a waiver of Fourth Amendment rights cannot be implied, the search was illegal and the Penal Code section 1538.5 motion should have been granted." (Id. at p. 963.)