In re Webb
247 Cal. Rptr. 3d 107
Cal.2019Background
- Bettie Webb was arrested on felony charges (§§ 4573, 4573.6), posted $50,000 bail under the bail schedule, and was released.
- At arraignment the magistrate imposed, over Webb’s objection, a release condition requiring a waiver of Fourth Amendment protections (warrantless searches by officers or pretrial/probation staff).
- Webb filed a habeas petition; the superior court denied it. The Court of Appeal vacated the search condition, holding trial courts lack statutory or inherent authority to impose conditions on defendants who post scheduled bail.
- The San Diego DA petitioned for review presenting the single issue whether trial courts have inherent authority to impose reasonable public-safety-related conditions on felony defendants released on monetary bail.
- The Supreme Court granted review, found the issue moot as to Webb (case resolved by plea), but exercised discretion to decide it because it presents an important recurring public question.
- The Court held that trial courts do have authority to impose reasonable conditions related to public safety on persons released on bail, but did not decide the validity of the specific Fourth Amendment waiver imposed on Webb.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial courts may impose reasonable release conditions related to public safety on felony defendants who post scheduled monetary bail | DA: Courts possess inherent authority to impose reasonable, public-safety-related conditions even when bail is posted | Webb: No statutory or inherent authority; imposing such conditions (esp. constitutional waivers) on posted-bail defendants is improper and denies due process | Yes. Courts have authority to impose reasonable conditions related to public safety on persons released on bail, subject to narrow scope and nexus requirement |
| Whether the Court should decide the question despite mootness | DA: Issue is of statewide importance and apt to evade review; Court should resolve it | Webb: Moot as to her; argued specific condition at arraignment not properly imposed (Court of Appeal did not reach due process issue) | Court exercised discretion to decide the issue on the merits despite mootness; did not decide correctness of the particular condition imposed on Webb |
Key Cases Cited
- In re York, 9 Cal.4th 1133 (1995) (upheld warrantless search and drug-testing conditions on OR release; distinguished OR release from release on posted bail)
- In re McSherry, 112 Cal.App.4th 856 (2003) (recognized trial court may impose reasonable bail conditions related to public safety)
- Gray v. Superior Court, 125 Cal.App.4th 629 (2005) (held court may impose reasonable conditions on defendants released on bail and addressed procedural due process concerns)
- Townsel v. Superior Court, 20 Cal.4th 1084 (1999) (upheld trial court's inherent power to protect safety/privacy in ways consistent with statutory purposes)