Tuesday, June 21, 2016

People v. Young (Cal. Ct. App. - May 26, 2016)

Some cases are extraordinarily hard.  Some are fairly easy.

This is an example of the latter.

California law provides that if you're on parole, and have finished up a year, you're required to be discharged from parole within 30 days.  Here's what the statute says:

“(a) The county agency responsible for postrelease supervision . . . shall maintain postrelease supervision over a person . . . until one of the following events occurs: (1) The person has been subject to postrelease supervision pursuant to this title for three years at which time the offender shall be immediately discharged from postrelease supervision. . . . [or] “(3) The person who has been on postrelease supervision continuously for one year with no violations of his or her conditions of postrelease supervision that result in a custodial sanction shall be discharged from supervision within 30 days.”

Mr. Young had been on parole for one year and one day when the police searched his home (and found child pornography) pursuant to a parole condition.  He says that this was impermissible since he was entitled to be off parole after a year.

Nope.  The statute says that after a year, the authorities have 30 days to take you off.  That 30-day period had not yet expired.

Hence the search was valid.

Exactly right.  The statute means what it says.