Category Archives: Probation / Parole search

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

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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

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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

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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

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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

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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

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D.Ariz.: Raising a search issue 5 months after conviction is a little too late

Defendant’s suppression argument five months after conviction is too late. Besides, it doesn’t allege anything of substance anyway. United States v. Alahmedalabdaloklah, 2018 U.S. Dist. LEXIS 189719 (D. Ariz. Nov. 6, 2018).* Defendant’s search claim is denied without even telling … Continue reading

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E.D.La.: Probation search of a cell phone is permitted under the search condition for searching “personal effects”

A probation search of a cell phone is permitted under a provision in the search condition for searching “personal effects.” United States v. Ard, 2018 U.S. Dist. LEXIS 187125 (E.D. La. Nov. 1, 2018). There’s no evidence that NCMEC’s search … Continue reading

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D.N.M.: Federal criminal complaint supported PC for DNA sample

A federal criminal complaint can satisfy the probable cause requirement for a DNA sample. United States v. Mercado-Gracia, 2018 U.S. Dist. LEXIS 182458 (D. N.M. Oct. 24, 2018). Defendant’s term of probation permitting searches of his residence includes temporary quarters, … Continue reading

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FL2: Calling the DA to see about whether a SW was needed is not actively seeking a warrant for inevitable discovery purposes

The trial court erred in applying the inevitable discovery doctrine. The officer had probable cause to conduct the search of defendant’s laptop, but this was insufficient to justify the detective’s failure to obtain a warrant to search it. His call … Continue reading

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IN: Backpack of arrested motorcyclist was subject to SI

Defendant was stopped on a motorcycle and had a backpack. An arrest warrant was found for defendant, and his backpack was subject to a search incident. State v. Crager, 2018 Ind. App. LEXIS 385 (Oct. 25, 2018). There was no … Continue reading

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NJ: Officer had RS def was armed; refusal of patdown justified exigent strip search at station house

The officer had reasonable suspicion that defendant was armed, and he attempted to perform a frisk, which defendant refused. This led to a warrantless strip search which was justified by the Fourth Amendment exigency exception and by state statute and … Continue reading

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