State v. Cates
Court of Appeals Case No.: 68759-0-I
Supreme Court Case No.: 89965-7
- A community corrections officer (CCO) may not search a probationer’s home or personal effects without a warrant unless the officer has reasonable cause to believe the probationer violated a condition of community custody or committed a crime. Did the Court of Appeals err in affirming a community custody condition that requires Mr. Cates to “consent” to searches by his CCO, merely upon the CCO’s request, without specifying that the search must be based on reasonable cause? Should this Court overrule State v. Massey, on which the Court of Appeals relied, which allows trial courts to impose community custody conditions that require probationers to submit to CCO searches without specifying that the search must be based on reasonable cause? RAP 13.4(b)(4).