Okay ... apparently I am recalling an older case, here is one from 2006 that WOULD apparently authorize the search:
A parolee need not be present during the search of his property or premises. (Veronica (1980) 107 Cal.App.3d 906, 910; Byrd (1974) 38 Cal.App.3d 941, 949.) He may, in fact, be in custody. (Hunter (2006) 140 Cal.App.4th 1147 [returned to prison on parole hold]; Johnson (1988) 47 Cal.3d 576, 595 [in jail on new crime].) The search condition remains in effect until either (1) parole is formally revoked in a due process hearing (Hunter (2006) 140 Cal.App.4th 1147) or (2) the parolee is discharged from parole (Willis (2002) 28 Cal.4th 22).
While parolee was in custody on a parole violation, officer searched his storage unit in connection with a residential burglary investigation. Parole had not been revoked at the time of the search. HELD: The warrantless search was valid. The parole search condition remained in effect until formal revocation proceedings. (Hunter (2006) 140 Cal.App.4th 1147.)
So, it seems the search might be good in any event.
- Carl