Category Archives: Probation / Parole search

PA: Riley doesn’t apply to parole searches of cell phones

Riley doesn’t apply to parole searches of cell phones. Commonwealth v. Murray, 2017 PA Super 363, 2017 Pa. Super. LEXIS 928 (Nov. 15, 2017):

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

N.D.Ill.: PO seeing an “unregistered” cell phone was seizure in plain view

Defendant was on supervised release for child pornography and he had a cell phone not listed with US Probation. The phone was seen during a home visit. The PO picked up the phone and turned it on and a picture … Continue reading

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

Cal.3d: Domestic battery conviction didn’t support cell phone probation search condition

A broad probation electronics search condition for domestic battery was constitutionally overbroad because it doesn’t sufficiently serve the state’s interests compared to the crime of conviction. A cell phone has far too much information on it to make it so … Continue reading

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

N.D.Cal.: Suspicionless probation search condition not shown to be on defendant; motion to suppress granted

Defendant did not have a suspicionless search condition on him. “This Court now joins the other courts in this district that have held that an officer must have reasonable suspicion to conduct a search of a probationer, unless the probationer … Continue reading

Posted in Probation / Parole search, Standing | Comments Off

OH3: PO officer asking LEO to assist in probation search didn’t make it unreasonable

The probation search of defendant’s house was valid. The probation officer was acting on a tip that defendant had a meth lab in the house. Task force officers aided in the search. No meth lab was found, so the PO … Continue reading

Posted in Consent, Probation / Parole search | Comments Off

Cal.1: Def’s lie about his identity to avoid probation search estopped his 4A argument; search valid even if officer didn’t know about probation

Officers believed defendant was involved in a robbery and shot himself. At the ER, defendant lied and gave a false name because he was on probation with a search condition. Defendant’s lie about his identity is an estoppel. He was … Continue reading

Posted in Probation / Parole search | Comments Off

DE: Probation absconder didn’t have standing in another person’s property; alternatively, probation absconding is exigency

Defendant was a probation absconder, and he did not have standing to contest a search of another probationer’s camper. Even if defendant did have standing, the probation officers substantially complied with departmental guidelines. Defendant’s presence as an absconder from probation … Continue reading

Posted in Emergency / exigency, Probation / Parole search, Standing | Comments Off

E.D.Cal.: Probation search of cell phone was reasonable condition

Search of defendant’s cell phone as a probation search condition was reasonable. United States v. Canady, 2017 U.S. Dist. LEXIS 169069 (E.D. Cal. Oct. 12, 2017). The officer did not have reasonable suspicion for a seizure of defendant’s vehicle because … Continue reading

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

CA11: Parolee has no REP where he stays

Officers had cause for a protective sweep as well as consent from defendant’s girlfriend to search her apartment where he often stayed. A shotgun was in plain view. Defendant also had no standing because he was a parolee. United States … Continue reading

Posted in Knock and talk, Probation / Parole search, Reasonable expectation of privacy, Standing | Comments Off

CA6: Search incident permitted for arrest on parole absconder warrant

Search incident to arrest is proper on an arrest on parole absconder warrant. Witzke v. Bradley, 2016 U.S. App. LEXIS 23965 (6th Cir. Dec. 30, 2016). The officer developed reasonable suspicion to continue the stop to bring in the drug … Continue reading

Posted in Probation / Parole search, Search incident | Comments Off