Category Archives: Probation / Parole search

Cal.: Probation search condition of electronic devices not related to underlying offense and quashed

The juvenile here was adjudicated guilty of burglary. A probation search condition of his electronic devices wasn’t reasonably related to the offense and it is ordered removed. In re Ricardo P., 2019 Cal. LEXIS 5949 (Aug. 16, 2019). The seizure … Continue reading

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W.D.N.C.: Merely showing that a foregone motion to suppress was “arguable” isn’t IAC

Merely showing that a foregone motion to suppress was “arguable” isn’t IAC. Petitioner has to show it would have prevailed. Accordingly, he cannot show that counsel’s decision not to file a motion to suppress was objectively unreasonable.” Silva v. United … Continue reading

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S.D.Ga.: Suspicionless probation search condition doesn’t need to be part of the sentencing order to be valid

Defendant was properly subject to a suspicionless state probation condition. He had no right to have it announced in court as a part of the sentence. It occurs by operation of law. United States v. Linder, 2019 U.S. Dist. LEXIS … Continue reading

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CA5: Home visitation and search condition not unreasonable (plain error review)

Defendant challenged his home visitation condition under the Fourth Amendment on appeal without having objected below. It is reviewed for plain error, and it’s certainly not. United States v. Dominguez-Villalobos, 2019 U.S. App. LEXIS 23184 (5th Cir. Aug. 2, 2019).* … Continue reading

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CA8: Parole search of cell phone was reasonable

Defendant was on supervised release in Minnesota as a result of a state conviction. His cell phone was subject to search on reasonable suspicion, and Riley does not bar a parole or probation search of a cell phone. Moreover, his … Continue reading

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NY1: Parole officer’s search of def on arrest revealed gun; trial court erred in suppressing

Defendant’s parole officer had a warrant for defendant, and a patdown with the arrest resulted in plain feel of a gun. The trial court erred in suppressing the gun because it was validly found. People v. Jennings, 2019 NY Slip … Continue reading

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NY4: Exclusionary rule wouldn’t be applied to probation search during a time of uncertainty in the law where law now settled; no deterrence possible

The exclusionary rule would not be applied to what turned out to be an illegal probation search at a time when the law was unclear. There is no deterrent effect to be gained by applying the exclusionary rule when other … Continue reading

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D.Nev.: Under probation interstate compact, probationer subject to rules of both states

Defendant was placed on probation in Arizona, and he was subject to suspicionless searches there. He transferred probation to Nevada under the Interstate Compact for probationers, but Nevada required reasonable suspicion. He knew he was subject to the probation conditions … Continue reading

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CA4: Arrest for obstruction wasn’t objectively justified and QI denied

The actions of the plaintiff didn’t reasonably rise to the level of obstruction of an officer, and her arrest and throwing her to the ground was unjustified. Qualified immunity is denied. Hupp v. Cook, 2019 U.S. App. LEXIS 22208 (4th … Continue reading

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CA9: Def’s two probation searches, back to back, were reasonable

Defendant was properly subjected to a probation search. The first search led to a second search. United States v. Hardesty, 2019 U.S. App. LEXIS 20724 (9th Cir. July 12, 2019).* Defendant doesn’t get discovery of the entire breadth of this … Continue reading

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KS: Random suspicionless drug testing of any probationer is reasonable under special needs

Random suspicionless drug testing of any probationer (even those from nondrug cases), satisfied the Fourth Amendment and state constitution under special needs. State v. Hinnenkamp, 2019 Kan. App. LEXIS 44 (July 5, 2019):

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Cal.3: Broad electronic parole search condition was reasonable and related to the crime

Defendant was convicted of identity theft and he had an electronic search condition for his release. The computer search release condition was reasonable and not overbroad, and it was related to the underlying crime and how it was committed. People … Continue reading

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