Category Archives: Probation / Parole search

IL: Mere visitor present at time of SW execution could not be searched without reason

Defendant was merely on the premises raided, and he was clearly not the person sought. There were no furtive gestures or other justification. The search of his person was unreasonable. People v. Duffie, 2021 IL App (1st) 171620, 2021 Ill. … Continue reading

Posted in Probation / Parole search, Scope of search, Warrant execution | Comments Off on IL: Mere visitor present at time of SW execution could not be searched without reason

D.Conn.: No REP in parolee’s GPS monitor that placed him at scene of murder

The search warrant for defendant’s phone to attempt to link him to a murder of a witness was based on probable cause that he was seen in a car likely involved and his parole GPS monitor that put him there. … Continue reading

Posted in Prison and jail searches, Probation / Parole search | Comments Off on D.Conn.: No REP in parolee’s GPS monitor that placed him at scene of murder

M.D.Tenn.: Harassment of a parolee as reason for exclusion has to come from something other than the alleged const’l violation

Defendant was on supervised release, and he was stopped for a traffic offense. The officer was admittedly courteous, but defendant still claims harassment as a reason to invoke the exclusionary rule. “[T[he Court concludes that if the exclusionary ‘may’ apply … Continue reading

Posted in Abandonment, Probation / Parole search | Comments Off on M.D.Tenn.: Harassment of a parolee as reason for exclusion has to come from something other than the alleged const’l violation

CA9: Supervised release electronic search condition not shown to have nexus to purposes of SR

“We nevertheless vacate the suspicionless search condition because the district court ordered suspicionless searches of Leonard’s ‘electronic devices and their data, including cell phones, computers, and electronic storage media’ without making ‘a properly supported factual finding’ that ‘establish[es] some nexus … Continue reading

Posted in Nexus, Plain view, feel, smell, Probation / Parole search | Comments Off on CA9: Supervised release electronic search condition not shown to have nexus to purposes of SR

ID: Def has burden of proving standing and can’t rely on state seeking to prove he didn’t have standing

Defendant had the burden of showing standing, and he couldn’t rely on the state not proving he didn’t have standing. Wilson v. State, 2021 Ind. App. LEXIS 264 (Aug. 24, 2021). Finding that defendant was on federal supervised release was … Continue reading

Posted in Burden of proof, Probation / Parole search, Qualified immunity, Standing | Comments Off on ID: Def has burden of proving standing and can’t rely on state seeking to prove he didn’t have standing

DC: PO’s turning over supervisee’s GPS tracking to police not unreasonable

Defendant on probation in D.C. was supervised by the Court Supervision and Offender Services Agency. After he violated terms of probation, he was placed on GPS monitoring. It was not unreasonable for CSOSA to share that information with D.C. Metro … Continue reading

Posted in GPS / Tracking Data, Ineffective assistance, Probation / Parole search, Scope of search | Comments Off on DC: PO’s turning over supervisee’s GPS tracking to police not unreasonable

S.D.Ohio: SW issuing judge has judicial immunity

You can’t sue a judge for issuing a warrant where there’s no allegation that the judge abandoned the judicial role [harkening to good faith exception too]. Kolle v. Kyle, 2021 U.S. Dist. LEXIS 148629 (S.D.Ohio Aug. 9, 2021). The smell … Continue reading

Posted in § 1983 / Bivens, Independent source, Probation / Parole search | Comments Off on S.D.Ohio: SW issuing judge has judicial immunity

E.D.Mich.: Officers could accompany POs where there was fear def engaged in criminal conduct

It was not unreasonable for law enforcement officers to accompany defendant’s parole officer on a parole search because of concerns defendant was involved in criminal conduct. United States v. Davis, 2021 U.S. Dist. LEXIS 147629 (E.D.Mich. Aug. 6, 2021). “Brewster’s … Continue reading

Posted in Franks doctrine, Issue preclusion, Probation / Parole search | Comments Off on E.D.Mich.: Officers could accompany POs where there was fear def engaged in criminal conduct

ND: Co-tenant’s bedroom couldn’t be subject to probation search

Co-tenant’s bedroom in probationer’s house was not a common area subject to a probation search. Failure to object at the time isn’t consent. State v. Cochran, 2021 ND 141, 2021 N.D. LEXIS 141 (Aug. 5, 2021). Consent to search the … Continue reading

Posted in Consent, Probation / Parole search, Scope of search | Comments Off on ND: Co-tenant’s bedroom couldn’t be subject to probation search

CO: Consent to officer’s entry extended to her briefly leaving and reentering

Defendant’s consent for an officer to enter extended to her reentry after leaving to retrieve a camera and then returning (even before getting it). People v. Stone, 2021 COA 104, 2021 Colo. App. LEXIS 1089 (Aug. 5, 2021). Even though … Continue reading

Posted in Consent, Probation / Parole search, Qualified immunity, Standing | Comments Off on CO: Consent to officer’s entry extended to her briefly leaving and reentering

CA7: SW affidavit would have been useful at sentencing on drug quantity but defense didn’t offer it

The search warrant affidavit here could have been relevant to the drug quantity calculation, and defendant should have put it into evidence at sentencing. United States v. Rollerson, 2021 U.S. App. LEXIS 22622 (7th Cir. July 30, 2021). Defendant was … Continue reading

Posted in Abandonment, Admissibility of evidence, Probation / Parole search | Comments Off on CA7: SW affidavit would have been useful at sentencing on drug quantity but defense didn’t offer it

CT: Using a library parking lot and picnic table after hours doesn’t justify stop-and-frisk

Defendant’s mere use of the library’s parking lot and picnic table at 9 p.m. on a Sunday evening was not reasonable suspicion of some other criminal activity and did not support a stop and frisk. State v. Haughwout, 2021 Conn. … Continue reading

Posted in Administrative search, Probation / Parole search, Stop and frisk | Comments Off on CT: Using a library parking lot and picnic table after hours doesn’t justify stop-and-frisk

CA2: Parole search valid under “special needs” even without RS

The parole search here lacked reasonable suspicion, but it was justified by the special needs exception to the warrant requirement. “Because a search undertaken by a parole officer of a parolee to detect parole violations is ‘reasonably related to the … Continue reading

Posted in Cell phones, Nexus, Probation / Parole search | Comments Off on CA2: Parole search valid under “special needs” even without RS

DC: Probationer’s GPS records don’t need a SW

A search warrant isn’t required for police to obtain a probationer’s GPS records from the PO. United States v. Jackson, 214 A.3d 464 (D.C. 2019). Crocker v. United States, 2021 D.C. App. LEXIS 167 (July 1, 2021). The officers did … Continue reading

Posted in GPS / Tracking Data, Probation / Parole search, Reasonable suspicion, Scope of search | Comments Off on DC: Probationer’s GPS records don’t need a SW

D.Nev.: Abandonment after unreasonable seizure not voluntary

There was no reasonable suspicion for defendant’s detention before he fled the officer. The alleged abandonment occurred after the unreasonable seizure, so it was involuntary. United States v. Dudley, 2021 U.S. Dist. LEXIS 117108 (D. Nev. June 23, 2021). Florida’s … Continue reading

Posted in Abandonment, Probation / Parole search, Reasonable suspicion | Comments Off on D.Nev.: Abandonment after unreasonable seizure not voluntary

S.D.Ind.: Parole-probation searches are governed by 4A reasonableness but shaped by state law limiting them

The probation or parole search law and reasonableness is a Fourth Amendment question but it’s shaped by state law on how those searches are permitted as a condition of release. This one was reasonable. United States v. Beechler, 2021 U.S. … Continue reading

Posted in Probable cause, Probation / Parole search, Seizure | Comments Off on S.D.Ind.: Parole-probation searches are governed by 4A reasonableness but shaped by state law limiting them

CA10: Nexus for CP can logically move when def does

Police had probable cause defendant uploaded child pornography from home. Then he moved. It was reasonable to assume his computers went with him to the new address, so nexus was sufficiently shown for probable cause there. United States v. Kilgore, … Continue reading

Posted in Nexus, Probation / Parole search, Reasonable suspicion, Unreasonable application / § 2254(d) | Comments Off on CA10: Nexus for CP can logically move when def does

CA11: Electronic search condition was discretionary for “chronic lawbreaker”

An electronic search condition for supervised release was not an abuse of discretion where defendant was an admitted “chronic lawbreaker” and not even a sex offender. United States v. Taylor, 2021 U.S. App. LEXIS 15125 (11th Cir. May 21, 2021):

Posted in Probation / Parole search | Comments Off on CA11: Electronic search condition was discretionary for “chronic lawbreaker”

W.D.Mo.: ER’s security staff conducts private searches of GSW victims

Defendant showed at a hospital ER with a gunshot wound. Hospital policy was for its security staff to search GSW patients’ clothing for staff safety. This was a private search, and it produced ammunition from a convicted felon. United States … Continue reading

Posted in Private search, Probation / Parole search, Qualified immunity, Strip search | Comments Off on W.D.Mo.: ER’s security staff conducts private searches of GSW victims

IL: ER blood draw was private search, and results were obtainable by process

Defendant’s ER blood draw after he was admitted for an accident was by a private actor, and the results are obtainable by the state and admissible. People v. Mueller, 2021 IL App (2d) 190868, 2021 Ill. App. LEXIS 227 (May … Continue reading

Posted in Community caretaking function, Consent, Drug or alcohol testing, Private search, Probation / Parole search, Warrant execution | Comments Off on IL: ER blood draw was private search, and results were obtainable by process