In re Webb
Annotate this CaseBettie Webb was arrested and eventually charged in a felony complaint with knowingly bringing controlled substances into a state prison, and unauthorized possession of a controlled substance in a prison. She posted a $50,000 bond in accordance with the bail schedule and was released. At her arraignment, Webb pleaded not guilty to the charges, but over her objection the magistrate imposed a condition that she would be subject to a Fourth Amendment waiver, finding it had inherent authority to do so. She petitioned for a writ of habeas corpus to challenge the search condition. Pointing out the magistrate had not made a verified showing of facts, the superior court denied the petition, citing facts developed at Webb's preliminary hearing. Webb petitioned the Court of Appeal for habeas relief, contending the magistrate lacked statutory or inherent authority to impose the bail search condition, and imposition of the condition constituted a pretrial restraint without due process protections such as notice and a hearing or any showing that she poses a heightened risk of misbehaving while on bail. The Court of Appeal concluded the trial court had no authority to condition Webb's bail on a waiver of her Fourth Amendment rights. Accordingly, we grant Webb's petition and order the search condition stricken from her bail order.
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