Category Archives: Probation / Parole search

ND: 14 hour old information for a probation search was not stale

14 hour old information for a probation search was not stale. State v. Stenhoff, 2019 ND 106 (Apr. 11, 2019). Defendant didn’t preserve his search issues for appeal under state law. “In attempting to reserve the question of whether Defendant … Continue reading

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LA1: Plain view during a probation “compliance check” is valid

Plain view during a probation “compliance check” is valid. State v. Cheramie, 2019 La. App. LEXIS 576 (La. App. 1 Cir. Apr. 5, 2019). Defense counsel filed a motion to suppress which was heard and denied. He then pled guilty. … Continue reading

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OH8: When on probation for bestiality, the Humane Society can conduct probation searches

Defendant was on misdemeanor probation for bestiality with a dog. He was subject to probation searches on reasonable suspicion for whether or not he had pets in the house, and the Animal Protection League (APL) is a part of the … Continue reading

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CA2: Unlicensed and unauthorized and driver of rental car had no standing under Byrd

Unlicensed and unauthorized driver of rental car had no standing under Byrd. United States v. Lyle, 2019 U.S. App. LEXIS 9457 (2d Cir. Apr. 1, 2019). Defendant signed a search waiver as a condition of community control, and that was … Continue reading

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MA: Scope of probation search wasn’t justified by the RS

The probation search of defendant’s bedroom wasn’t justified by the reasonable suspicion that authorized it. “The Commonwealth’s contention that Valenti’s entry into the bedroom was justified as a protective sweep is equally unavailing.” Special needs didn’t work for the state … Continue reading

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AZ: Probation search could reasonably include cell phone because of nature of allegations

Defendant on felony probation and subject to a warrantless search condition. It was reasonable to search his cell phone under this condition because his mother reported threats and it was possible the cell phone’s contents could corroborate it. State v. … Continue reading

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CA9: Warrantless placement of GPS on a parolee’s car was reasonable under 4A

Based on Ninth Circuit precedent that cell phone searches are permitted by the parole search doctrine, the court finds that warrantless placing of a GPS on a parolees car is permitted under the Fourth Amendment. United States v. Korte, 2019 … Continue reading

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CA9: Parole search ability extends to trunk of car

A parole search of the trunk of a car is still an area under the control of the defendant and subject to the search. And, CSLI before Carpenter is admissible. United States v. Korte, 2019 U.S. App. LEXIS 7672 (9th … Continue reading

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D.Utah: Def’s suspicionless parole search was valid under Samson

Defendant signed a parole agreement that he was subject to warrantless and suspicionless searches under Utah law. His parole condition wasn’t unconstitutional under Samson, and it doesn’t matter that law enforcement officers were along. Miranda v. United States, 2019 U.S. … Continue reading

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DE: A probation search that didn’t comply with the probation laws couldn’t be used in a criminal proceeding

A probation search that didn’t comply with the probation laws couldn’t be used in a criminal proceeding. Walker v. State, 2019 Del. LEXIS 88 (Feb. 21, 2019). The record doesn’t show that defendant’s plea was conditional, so there is no … Continue reading

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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

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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

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