Category Archives: Probation / Parole search

LA2: UT blanket probation search condition applied to probationer transferred to LA

Defendant was on probation out of Utah and supervised in Louisiana. His PO received information that he might have child pornography on his cell phone. During a PO visit, he was told to get his cell phone and computer out … Continue reading

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N.D.N.Y.: Def’s prior drug involvement justified a drug search condition on supervised release

Defendant’s prior convictions for drugs from age 17-22 justified a drug search condition on supervised release. United States v. Betsy-Jones, 2017 U.S. Dist. LEXIS 75157 (N.D. N.Y. April 28, 2017), adopted, 2017 U.S. Dist. LEXIS 74113 (N.D. N.Y. May 16, … Continue reading

Posted in Probation / Parole search, Stop and frisk | Comments Off

Cal.4th: Passenger’s parole status permitted search of entire passenger compartment

Defendant was in a car with a parolee. After a valid stop, the parolee gave a false name, and the officer eventually got the right name and parole status. A search of the whole car was permissible even though the … Continue reading

Posted in Probation / Parole search, Scope of search | Comments Off

NC statute that probation search be for “purpose” of probation is a limitation on the search power

A 2009 amendment to the state probation search condition required that the search serve the purpose of the supervision, so it’s not carte blanche for a probation search. The trial court’s order refusing to suppress is reversed. State v. Powell, … Continue reading

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E.D.Mich.: Affidavit for SW and other things showed def’s standing in two cell phones

The search warrant affidavit showed defendant’s standing in two cell phones that were seized. The phones were referred to as belonging to defendant, and she claimed them when asked about them but disclaimed ownership in others. Finally, she proffered that … Continue reading

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D.Ariz.: Trailer on blocks with no means around to pull it not subject to automobile exception

An RV trailer elevated on a block with nothing to pull it around is not subject to the automobile exception. United States v. Maley, 2017 U.S. Dist. LEXIS 69797 (D.Ariz. May 5, 2017). A detailed tip about defendant on supervised … Continue reading

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E.D.N.Y.: 791 days of GPS tracking of a parolee suppressed

Back on December 29th was this post: E.D.N.Y.: 791 days of GPS tracking of a parolee to catch others in a DTO was [somehow] not unreasonable. On review, Judge Weinstein finds that intense tracking violated the Fourth Amendment and there … Continue reading

Posted in Good faith exception, GPS / Tracking Data, Probation / Parole search | Comments Off

D.Conn.: Search incident included under the bed next to defendant

Search incident included a search under a bed near where the defendant was arrested, and cocaine was found there. The court rejects protective sweep under the bed as an alternative. United States v. Bohannon, 2017 U.S. Dist. LEXIS 65446 (D. … Continue reading

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IL: Arrest of driver would not make passengers think they were free to leave; continuation of stop was with RS

Passengers would not think they were free to leave based on the arrest and handcuffing of defendant driver. The continuation of the stop, however, was with reasonable suspicion because of furtive movements. People v. Veal, 2017 IL App (1st) 150500, … Continue reading

Posted in Probable cause, Probation / Parole search, Reasonable suspicion, Seizure | Comments Off

Cal.4th: Probation search for “property” does not include “electronic data”

The juvenile’s probation search condition for his “property” does not reasonably include electronic data. In re I.V., 2017 Cal. App. LEXIS 392 (4th Dist. April 28, 2017):

Posted in Cell phones, Computer searches, Probation / Parole search | Comments Off