Category Archives: Probation / Parole search

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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E.D.Pa.: Def could be transported to precinct for lineup on RS alone

Defendant was handcuffed as a part of his stop for officer safety and to secure the scene. They could also put him in a police car handcuffed. Finally, transporting him to the precinct for a lineup wasn’t an unreasonable seizure … Continue reading

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N.D.Iowa: “[T]he mere fact that the agents requested that Defendant sign a consent form does not suggest that he was in custody” for Miranda

“[T]he mere fact that the agents requested that Defendant sign a consent form does not suggest that he was in custody” for Miranda purposes. United States v. Cox, 2019 U.S. Dist. LEXIS 206681 (N.D. Ind. Oct. 10, 2019), adopted, 2019 … Continue reading

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FL follows Mitchell on blood draws from the unconscious

The Florida Supreme Court granted a certified question of public importance on whether a search warrant was required to draw blood from an unconscious motorist in the hospital. In the meantime, SCOTUS decided Mitchell v. Wisconsin. This court applies Mitchell … Continue reading

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OH11: Failure to provide an inventory after a search is ministerial and not a fundamental right

“Even presuming no inventory was completed or provided to Thompson, however, this did not result in prejudice or provide any grounds for relief. It has been held that ‘the preparation and return of an inventory is ministerial’ and ‘does not … Continue reading

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CA9: Three-month-old information about where probationer lived wasn’t stale for probation search

Probation officers could rely on a three-month-old list that showed defendant’s brother lived there and he was on probation. The list was not stale because there was no suggestion the brother’s tenancy was transitory. Defendant’s claim the probation search as … Continue reading

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WI: Uncorroborated informant hearsay was strong enough to credit for probation search on RS

Wisconsin permits warrantless probation and parole searches on reasonable suspicion by any law enforcement officer. Officers had it here based on uncorroborated informant hearsay. The record also supports the trial court’s conclusion that the officer knew of the search condition … Continue reading

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D.Kan.: Michigan v. Long search of car on RS for a weapon called “protective sweep”

The officers had reasonable suspicion to believe there was a weapon in the car justifying a “protective sweep” of the car under Michigan v. Long. United States v. Alexander, 2019 U.S. Dist. LEXIS 197653 (D. Kan. Nov. 14, 2019). Defendant … Continue reading

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D.Utah: Parole search doesn’t extend to car parolee was a passenger in

The parole search of car defendant was a passenger in was invalid because it wasn’t his. United States v. Tafuna, 2019 U.S. Dist. LEXIS 194829 (D.Utah Oct. 1, 2019):

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