holding unlawful a police search of a known probationer who committed a minor traffic offense
How later courts described this case
- holding unlawful a police search of a known probationer who committed a minor traffic offense
Written by the judges who cited it.
The opinion
ROTH, P. J.
I concur in all respects. Mason, read in the light of the facts upon which it is grounded, recognizes and implicitly compels a degree of reasonableness predicated upon time, place, and some facts and circumstances which independently raise at least slight suspicion.
It does not, in my opinion, authorize a gratuitous search, even of a probationer. If it does, any officer, at any place, may stop and search a known probationer, at any time of the day or night, and a probationer known to more than one officer conceivably could be stopped and searched a number of times on the same day.