Cal. Code Regs. Tit. 15, § 3600 - Searches of Parolees

(a) Any contraband or evidence of illegal activity shall be seized by the parole agent or the law enforcement officer conducting a search of a parolee's person, property, or residence. Property not belonging to the parolee shall be seized only when needed as evidence to support a parole violation charge.

(b) Property seized as evidence by departmental staff shall be documented on a CDCR Form 1136 (Rev. 2/17), Evidence/Property Report and Inventory Receipt, which is incorporated by reference. A copy of the form will be available to either the parolee or a responsible adult, or left at the place of seizure.

(c) Only those areas of a parolee's residence occupied solely by the parolee or of common access shall be searched without a search warrant.

(d) A parole agent's authority to search or arrest a parolee applies to all law enforcement officers in California as long as it is judicious and conducted for legitimate law enforcement purposes.

(e) If Division of Adult Parole Operations (DAPO) staff's forced entry, or if forced entry by peace officers of another agency upon the explicit request of DAPO staff, into a structure results in damages to the structure, the parole office shall make available to the landlord, owner, or owner's representative, the Department of General Services' DGS ORIM 06 (Rev. 05/2017), Government Claim Filing Instructions and DGS ORIM 06 (Rev. 05/2016), Government Claim Form, which is incorporated by reference, for filing a claim against the State.

Notes

Cal. Code Regs. Tit. 15, § 3600

1. Change without regulatory effect adding article 7 (section 3600) and renumbering former section 3701.1 to new section 3600 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
2. Amendment of subsections (b) and (d), repealer of subsections (d)(1)-(3) and amendment of subsection (e) filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
3. Amendment of subsections (b) and (e) and amendment of NOTE filed 11-27-2017; operative 1-1-2018 (Register 2017, No. 48).

Note: Authority cited: Section 5058, Penal Code. Reference: Sections 3067 and 5054, Penal Code; Sections 13950 and 13951, Government Code; People v. Giles, 233 Cal.App.2nd 643, 43 Cal.Rptr. 758 (1965); and People v. LaJocies 119 Cal.App.3d 947, 174 Cal.Rptr. 100 (1981).

1. Change without regulatory effect adding article 7 (section 3600) and renumbering former section 3701.1 to new section 3600 filed 7-30-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 31).
2. Amendment of subsections (b) and (d), repealer of subsections (d)(1)-(3) and amendment of subsection (e) filed 6-17-2009; operative 7-17-2009 (Register 2009, No. 25).
3. Amendment of subsections (b) and (e) and amendment of Note filed 11-27-2017; operative 1/1/2018 (Register 2017, No. 48).