People v. Burgener

In People v. Burgener (1986) 41 Cal.3d 505 the defendant was suspected of committing a robbery during which a convenience store clerk was fatally wounded. The defendant was on parole with a warrantless search condition. After the defendant was arrested, the police searched the apartment he lived in with the consent of defendant's parole officer. Incriminating evidence was found in the apartment. The defendant argued the incriminating evidence should have been suppressed because the search was conducted without a warrant. The Supreme Court first affirmed that parolees have a reduced expectation of privacy and, accordingly, certain governmental intrusions into their privacy are permissible. ( People v. Burgener, supra, 41 Cal.3d at p. 531.) The Supreme Court, after noting the myriad of regulations a parolee is subjected to upon release from prison, held "The interest in parole supervision to ensure public safety, which justifies administrative parole revocation proceedings in lieu of criminal trial with the attendant protections accorded defendants by the Bill of Rights, also permits restrictions on parolees' liberty and privacy interests. Balancing these interests of the parolee against the societal interest in public safety leads us to conclude that warrantless searches of parolees are not per se unreasonable if conducted for a purpose properly related to parole supervision." ( Id. at p. 532.) The court continued that society's interest in public safety permits parole searches on a reasonable suspicion standard, a standard which would not rise to the level of probable cause in the typical criminal context. ( Id. at p. 534.) This standard must be based on articulable facts and rational inferences that would lead an objectively reasonable person to conclude there was reasonable suspicion that the parolee was involved in criminal activity. (Ibid.) The Supreme Court concluded that the search met the required standard and that the fact that the search was conducted for the purpose of discovering evidence to support new criminal charges was of no moment. (Id. at p. 536.) "The societal interest in parole supervision and in the speedy return of parole violators to prison in order to protect the public has added weight, not less, when a reasonable suspicion exists to believe that a parolee has been involved in criminal activity. Any violation of the law is also a violation of the conditions of a parole. The law enforcement purpose of the police who seek authorization from the parole agent for a warrantless search, and the parole supervision purpose of the agent who gives that authorization are indistinguishable." (Ibid.)