Category Archives: Probation / Parole search

CT: No REP in jail letter to def’s mother with admission

Defendant’s Fourth Amendment rights weren’t violated by corrections officers copying a letter to his mother with an admission then turning it over to law enforcement officers. He had no privacy interest in his mail that society would recognize. The claim … Continue reading

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GA: Smell of alcohol on person maybe a minor walking in a high crime area wasn’t RS

“Further, the other facts identified by the State do not support a reasonable suspicion of illegal activity. None of C.B.’s described activities—walking on the side of the road at night, being present in a high-crime area, wearing a backpack, and … Continue reading

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CA11: Exclusionary rule doesn’t apply to revocation of supervised release; SCOTUS would so hold

The exclusionary rule does not apply to revocation of supervised release conditions. While SCOTUS hasn’t ruled on that precise question, its parole and probation search cases are a clear sign it will follow them there. United States v. Hill, 2020 … Continue reading

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E.D.Ark.: Def’s parole search permitted at his mother’s house while he was visiting there; no REP

Defendant claims in his 2255 that, while he was on parole with a search waiver on file, he was searched at his mother’s house and not at his listed address, and his counsel was ineffective for not challenging it. He … Continue reading

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ID: Visitors during a parole search were subject to reasonable questioning

Visitors on the premises during a parole search are subject to at least some questions under Summers without it being an unreasonable detention. State v. Phipps, 2019 Ida. LEXIS 239 (Dec. 20, 2019):

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LA1: Parolee’s positive drug screen justified home search

Defendant’s positive drug screens were reason for an unannounced home and cell phone text message parole search. State v. St. Cyre, 2019 La. App. LEXIS 2305 (La. App. 1 Cir. Dec. 19, 2019). An officer found two people asleep in … Continue reading

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CA9: There is no heightened duty of a court to better explain the supervised release search condition

There is no heightened liberty interest in defendant’s being subjected to supervised release searches that require a heightened explanation from the court when it’s imposed. United States v. San Nicolas, 2019 U.S. App. LEXIS 37093 (9th Cir. Dec. 16, 2019). … Continue reading

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OH12: Probation and its search condition doesn’t end with probationer’s arrest; house could be searched later

Defendant’s girlfriend was on probation, and she thus “consented” in advance to searches. She confessed during a probation visit that she used drugs, and they arrested her and then searched her and defendant’s place based on her probation search condition. … Continue reading

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WY: Def’s contradictions of travel compared to car rental agreement and lies about criminal history was RS

Defendant was stopped for following too close in a rental car. It was reasonable for the trooper to suspect defendant rented the car to transport drugs because there were obvious contradictions between the car rental agreement and his travel plans, … Continue reading

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E.D.Pa.: Length of def’s participation in DTO undermines his staleness argument

There was probable cause defendant was a major player in a DTO, and that his participation went on for months. This, he concedes, undermines his staleness argument. United States v. Williams, 2019 U.S. Dist. LEXIS 211403 (E.D. Pa. Dec. 6, … Continue reading

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N.D.Ind.: Parole search waiver applies to CSLI information

CSLI can be obtained from a parolee’s cell phone without a search warrant. “However, the Court’s own research has found that every circuit court faced with the same question has sided with the Government and found that a warrant is … Continue reading

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ID: Unlawful warrantless search isn’t salvageable by inevitable discovery by later learning of probation search waiver

A unreasonable warrantless search is not cured by inevitable discovery because the officers later find out defendant was on probation and had a search waiver on file. State v. Maxim, 2019 Ida. LEXIS 216 (Dec. 4, 2019):

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