Category Archives: Probation / Parole search

CA11: When information in a SW affidavit comes from an illegal source, it is purged; here, PC remains

Excising that which was allegedly illegally obtained from the affidavit for this search warrant, probable cause still remains. United States v. Fleur, 2019 U.S. App. LEXIS 4899 (11th Cir. Feb. 20, 2019). There was no independent probable cause for the … Continue reading

Posted in Independent source, Probation / Parole search | Comments Off on CA11: When information in a SW affidavit comes from an illegal source, it is purged; here, PC remains

D.Minn.: A narrative affidavit for SW is hardly “outrageous conduct” to seek to dismiss indictment

Obtaining a search warrant with a narrative affidavit, inter alia, is hardly outrageous governmental conduct warranting dismissal. United States v. Ortiz, 2019 U.S. Dist. LEXIS 17455 (D. Minn. Feb. 4, 2019).* Plaintiff’s excessive force claim against a probation search which … Continue reading

Posted in Excessive force, Probable cause, Probation / Parole search | Comments Off on D.Minn.: A narrative affidavit for SW is hardly “outrageous conduct” to seek to dismiss indictment

CA2: Def parole officer gets QI on whether 4A or NY case law applies to parole search

Plaintiff was subjected to a parole search, and he contended New York law applied rather than Samson et al. The officer gets qualified immunity on the question because it appears Samson should but we don’t even need to resolve it. … Continue reading

Posted in § 1983 / Bivens, Probation / Parole search, Qualified immunity | Comments Off on CA2: Def parole officer gets QI on whether 4A or NY case law applies to parole search

CA7: Exclusionary rule does not apply to revocation of federal supervised release

The exclusionary rule does not apply to revocation of federal supervised release, applying Pennsylvania Board of Probation and Parole v. Scott, 524 U.S. 357 (1998). United States v. Phillips, 2019 U.S. App. LEXIS 2799 (7th Cir. Jan. 28, 2019). CSLI … Continue reading

Posted in Cell site location information, Good faith exception, Probation / Parole search | Comments Off on CA7: Exclusionary rule does not apply to revocation of federal supervised release

CA3: Municipal officers may execute federal PV warrants

Defendant was ID’d as a likely suspect in a bank robbery, and a federal probation violation warrant was issued. Municipal officers may execute federal probation violation warrants. “See, e.g., United States v. Polito, 583 F.2d 48, 51 (2d Cir. 1978); … Continue reading

Posted in Arrest or entry on arrest, Probation / Parole search, Standards of review | Comments Off on CA3: Municipal officers may execute federal PV warrants

NJ: GPS monitoring of sex offender still on supervision is reasonable under “special needs”; one not on supervision is not

Two sex offenders sued over their GPS monitoring. The state defended under the special needs doctrine. GPS monitoring of SO still on supervision is reasonable, but it is unreasonable as to the one off supervision. H.R. v. N.J. State Parole … Continue reading

Posted in GPS / Tracking Data, Probation / Parole search, Special needs | Comments Off on NJ: GPS monitoring of sex offender still on supervision is reasonable under “special needs”; one not on supervision is not

S.D.N.Y.: No standing in an email account def didn’t open and disavows

Defendant has no standing in an email account that was opened by somebody else that he disavows is even connected to him. United States v. Lewis, 2018 U.S. Dist. LEXIS 202501 (S.D. N.Y. Nov. 29, 2018). Reconsideration of prior denial … Continue reading

Posted in E-mail, Probation / Parole search, Standing | Comments Off on S.D.N.Y.: No standing in an email account def didn’t open and disavows

D.Mont.: Probation search of place probationer was merely visiting unreasonable

A person on supervised release was subject to a search condition of his residence. That did not include places he was visiting. Search of his backpack suppressed; a search warrant was required to even enter the premises of a third … Continue reading

Posted in Probation / Parole search, Standing | Comments Off on D.Mont.: Probation search of place probationer was merely visiting unreasonable

IN: A search waiver condition “without a warrant and without probable cause” still requires RS

A search waiver condition “without a warrant and without probable cause” still requires reasonable suspicion. Jarman v. State, 2018 Ind. App. LEXIS 445 (Nov. 30, 2018). Window tinting that covered the back window brake light was a traffic violation justifying … Continue reading

Posted in Probation / Parole search, Reasonable suspicion | Comments Off on IN: A search waiver condition “without a warrant and without probable cause” still requires RS

TX1: No REP in a contraband cell phone in a halfway house

There is no reasonable expectation of privacy in a contraband cell phone possessed by a sex offender in a halfway house. The phone was subject to search like any other personal property, and defendant had a prohibition against possession of … Continue reading

Posted in Cell phones, Good faith exception, Probation / Parole search, Reasonable expectation of privacy | Comments Off on TX1: No REP in a contraband cell phone in a halfway house

N.D.Cal.: Supervised release search of home unreasonable because govt lacked PC he lived there

The government argued that a person on supervised release had no reasonable expectation of privacy in his own apartment, which the court roundly rejects. Yet, the government lacked probable cause to believe that defendant was residing in the home at … Continue reading

Posted in Probation / Parole search | Comments Off on N.D.Cal.: Supervised release search of home unreasonable because govt lacked PC he lived there

QI for probation searches

People For the American Way: Confirmed Judges, Confirmed Fears: Two Trump Circuit Judges Rule that There is No Remedy for a Violation of a Homeowner’s Privacy Rights by Elliot Mincberg discussing this case: CA6: Officer spent 90 minutes at plaintiff’s … Continue reading

Posted in Probation / Parole search, Qualified immunity | Comments Off on QI for probation searches