Category Archives: Probation / Parole search

CA9: Suspicionless mandatory supervision search, without more, is reasonable (on rehearing)

United States v. Cervantes, 859 F.3d 1175 (9th Cir. June 19, 2017) (posted here) had a new opinion issued on rehearing, United States v. Cervantes, 2017 U.S. App. LEXIS 18017 (9th Cir. Sept. 11, 2017), coming to the same result … Continue reading

Posted in Probation / Parole search | Comments Off

Cal.4: Probation search of “property, personal effects” reasonably includes a cell phone and its data

A probation search of “property, personal effects” reasonably includes a cell phone and its data. There are no limits on what “personal effects” means in the search condition paperwork. And, this was misdemeanor probation, and the search of the phone … Continue reading

Posted in Cell phones, Probation / Parole search, Reasonableness | Comments Off

AK: Trooper’s call to PO about what he’d seen justified PO having trooper do probation search

The Alaska State Trooper called defendant’s probation officer and “told the probation officer that Bradford had needle marks on his arm, that Bradford had confessed to recent use of heroin, and that he was driving without a license. Therefore, the … Continue reading

Posted in Probation / Parole search | Comments Off

CA9: Officers have to know of probation search waiver before the search to rely on it

The search of defendant’s car under a probation search condition was unreasonable but harmless error. The officers didn’t know of the waiver before the search. United States v. Job, 851 F.3d 889 (9th Cir. March 14, 2017), amended on rehearing … Continue reading

Posted in Probation / Parole search | Comments Off

NC: Seizure of shotgun during protective sweep for misdemeanor probation arrest was unreasonable

Defendant was arrested without incident in his living room for a violation of misdemeanor probation, and there was a protective sweep of other rooms looking for others, and a shotgun was seen. The protective sweep was valid, but the seizure … Continue reading

Posted in Probation / Parole search, Protective sweep | Comments Off

TN: Conclusory statement from CI defs had drugs and unsuccessful controlled buy was neither PC for warrant nor RS for probation search

The trial court properly granted defendants’ motion to suppress evidence seized as a result of a warrantless search of their house. The information possessed by the officers at the time of the search, including a conclusory statement from a confidential … Continue reading

Posted in Informant hearsay, Probation / Parole search | Comments Off

M.D.Fla.: Def’s public opposition to PO walk throughs of his residence added to RS

Defendant’s opposition to home walk throughs by his probation officer added to reasonable suspicion. When he spent $20,000 on Christmas gifts with a $1,500 a month income, they had cause to do one. United States v. Rogers, 2017 U.S. Dist. … Continue reading

Posted in Probation / Parole search | Comments Off

S.D.Cal.: Scope of a parole search is based on RS parolee is in control of specific place searched

The scope of a parole search has to be based on at least reasonable suspicion that the place to be searched was under the control of the parolee. There was no evidence available that showed he had joint control of … Continue reading

Posted in Probation / Parole search, Scope of search | Comments Off

CA10: CSLI is third-party information

Noting pendency of Carpenter, the Tenth Circuit finds CSLI third-party records and they are bound to apply the third-party doctrine. United States v. Thompson, 2017 U.S. App. LEXIS 14551 (10th Cir. Aug. 8, 2017). Defendant had a warrantless search condition … Continue reading

Posted in Cell site location information, Probation / Parole search, Third Party Doctrine | Comments Off

CA8: Halfway house resident’s cell phone subject to suspicionless search

Defendant’s cell phone was subject to search when he resided at a residential reentry program after release from an FCI. Child porn was found on the phone. Defendant’s reliance on Riley’s warrant requirement is misplaced. Yes, this is a cell … Continue reading

Posted in Cell phones, Probation / Parole search | Comments Off