Category Archives: Probation / Parole search

S.D.N.Y.: Parolee’s curfew violation justified parole search

A stop and search of a parolee for a curfew violation was reasonable. United States v. Joseph, 2021 U.S. Dist. LEXIS 32456 (S.D. N.Y. Feb. 22, 2021). Officers entered with an arrest warrant and later followed up with a search … Continue reading

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AR: Reasonableness of a probation search has to be presented to revocation court first

Defendant didn’t argue in the revocation court that the probation search was unreasonable, so it can’t be argued on appeal. Mathis v. State, 2021 Ark. App. 49, 2021 Ark. App. LEXIS 57 (Feb. 3, 2021). Defendant was on release and … Continue reading

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CA7: Computer search condition was not related to crime of conviction and was thus unreasonable

Defendant’s computer search release condition had no rational relationship to the crime. He was not a sex offender and there was no computer link to his crimes. United States v. Morgan, 2021 U.S. App. LEXIS 2972 (7th Cir. Feb. 3, … Continue reading

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N.D.Ohio: Reasonableness of a parole search can include considering def’s criminal record

Knights on parole and probation searches is a reasonableness on the totality test, and this measures up. Defendant’s criminal record is a relevant factor for the officers to consider. United States v. Sharp, 2021 U.S. Dist. LEXIS 18768 (N.D. Ohio … Continue reading

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NC: State statute on parole searches didn’t permit search of home, just the person

State statute authorized searches of the person or parolees, not places, and the search here exceeded the authority granted by statute, applying Samson v. California. State v. McCants, 2020 N.C. App. LEXIS 969 (Dec. 31, 2020). The search warrant was … Continue reading

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CA9: Putting key in a car door to locate right car violates Jones and Jardines

Prior case law on inserting a key in a car door is not a search is contrary to Jones and Jardines. As a parole search, however, it can be reasonable if the car is connected to the parolee. United States … Continue reading

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D.Neb.: Knights eliminated stalking horse theory of police using POs to conduct searches

Knights eliminated the stalking horse theory of police using POs to conduct searches because they can, too. United States v. Brun, 2020 U.S. Dist. LEXIS 239791 (D. Neb. Dec. 21, 2020). There was reasonable suspicion for defendant’s stop from a … Continue reading

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OH7: Drug testing of drug def after conviction but before sentencing was reasonable

A court ordered drug test after conviction but before sentencing was reasonable because it factors into sentence. State v. Fisher, 2020-Ohio-6829, 2020 Ohio App. LEXIS 4672 (7th Dist. Nov. 7, 2020). Defendant, convicted of child pornography, had a release condition … Continue reading

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DE: Actual presence of accused not required for suppression hearing and video appearance constitutional

A virtual suppression hearing that was a mixed question of law and fact didn’t require the actual presence of the accused under the Sixth Amendment’s confrontation clause, following United States v. Rosenschein, 2020 U.S. Dist. LEXIS 129889 (D.N.M. July 23, … Continue reading

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NY3: CI showed PC; GPS warrant corroborated the CI

The CI appeared and testified to the probable cause. A separate search warrant for GPS tracking corroborated the CI. People v. Jackson, 2020 NY Slip Op 07251, 2020 N.Y. App. Div. LEXIS 7450 (3d Dept. Dec. 3, 2020). The CI … Continue reading

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MA: Home confinement and GPS monitoring as a condition of release pending sentencing was reasonable

Home confinement after conviction but pending a motion for new trial was not an unreasonable seizure. It was discretionary on conviction. GPS monitoring as well was a search under Grady, but, on a balancing of interests, it was reasonable on … Continue reading

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E.D.Tenn.: Def doesn’t even attempt a Franks offer of proof and it fails

“Defendant fails to provide the requisite offer of proof to make a substantial preliminary showing that Agent Celeste intentionally or recklessly included false information in the Affidavit. Likewise, defendant fails to explain the absence of such an offer of proof, … Continue reading

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CA2: NY Family Court orders can suffice as SWs

“New York Family Court orders provide an independent basis for police officers to enter peoples’ homes. We have repeatedly recognized that, ‘[i]n child-abuse investigations, a Family Court order is equivalent to a search warrant for Fourth Amendment purposes.’ Southerland v. … Continue reading

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WV: SW not needed to seize cell phone from a person, even when it’s expected to be found

The warrantless seizure of defendant’s cell phone was reasonable. The officers didn’t need to get a search warrant before taking it off his person. State v. Deem, 2020 W. Va. LEXIS 706 (Oct. 20, 2020). The officer’s prior knowledge of … Continue reading

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S.D.Tex.: Arrest was with PC, despite lack of state grand jury indictment

Defendant was charged with child pornography after his computer system password was linked to it. A state grand jury declined to indict him. He sued under § 1983 in state court, and it was removed to federal court. “Without providing … Continue reading

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CA6: PO’s seizure of cell phone for search lacked RS and is suppressed

The probation seizure and then warranted search of defendant’s cell phone was unreasonable and conducted without reasonable suspicion. Probation seized the phone and then got a search warrant for it, but it all lacked justification. There wasn’t reasonable suspicion because … Continue reading

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