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Essay / Texas Ward V Case Study - 1219
Johnson (1982)I. SynopsisOn June 11, 1982, following his conviction for a criminal offense, Robert Johnson was sentenced to two years of probation. The conditions of his probation provided that his person, property and residence be searched upon reasonable request. When a search warrant was executed on Johnson's roommate, officers said that with enough reasonable suspicion, they were also able to search Johnson's living room.II. Contents of the DisputePlaintiffWhen the police arrived in the area where Johnson and his roommate, Benner Brewer, lived, they did not have a warrant to search Johnson's area, which violated his 4th Amendment rights against a warrantless search. Defendant Under the California Penal Code, officers received authorization to search Johnson under the conditions of his probation. In doing so, they discovered several areas of the home in which controlled substances were hidden. The agents argued that by searching Johnson without a warrant, they prevented the potential destruction of evidence.III. Clerks' decision to conduct a warrantless search without suspicion of criminal activity on the part of the probation officer. Initial search uncovered controlled substances, but warrant did not include Robert Johnson, only Bennett.