Category Archives: Probation / Parole search

D.Mont.: Possession of a camera phone was violation of release conditions and justified PO search

Defendant had a release condition to stay away from children, but he babysat two and he let them use his cell phone connected to his computer. This was reasonable suspicion for a search of the cell phone and computer for … Continue reading

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CO: Parolee on ankle monitor had no REP in his GPS data that linked him to robberies and was turned over to feds

Defendant was on parole-like Colorado community supervision with a GPS ankle monitor. One of the POs, not his, was cross-assigned to a federal task force. When defendant was suspected of being involved in robberies, the federally assigned PO looked up … Continue reading

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D.P.R.: Just being a driver of vehicle doesn’t give standing; two traffic tickets in past in vehicle not enough

Defendant at the suppression hearing showed no possessory interest in the vehicle he claimed not to own at the time of the stop and search. Two traffic tickets in the past driving the same vehicle wasn’t enough. United States v. … Continue reading

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VA: PC for stop for reckless driving didn’t get stale in 3 hours

The officer saw defendant recklessly driving, but wasn’t able to stop him. Staleness for arrest for that did not dissipate within three hours before he saw defendant again. Hairston v. Commonwealth, 2017 Va. App. LEXIS 99 (April 11, 2017) (see … Continue reading

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E.D.N.C.: Def’s probation search was done at a reasonable time and in a reasonable manner, as required by state statute

Defendant’s North Carolina probation search was conducted at a reasonable time and in a reasonable manner, as required by statute, and it was for probation purposes. It was not quite a nighttime search. United States v. Lynch, 2017 U.S. Dist. … Continue reading

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FL: Def abandoned gun by storing it in attic of friend’s house where friend said gun wasn’t allowed in house

Defendant abandoned his gun by putting it in his friend’s attic in a shoebox after he was told the gun was not welcome in the house. Heyne v. State, 2017 Fla. LEXIS 748 (April 6, 2017). The PO had reasonable … Continue reading

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D.S.D.: CI tip provided RS for probation home search

The PO’s CI provided information which came to the PO through the police. There was no independent verification of the CI’s tale, but there was enough detail to provide reasonable suspicion for a home search under the conditions of the … Continue reading

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TN: Scope of probation search can be limited by the terms of the search condition

The probation search here lacked reasonable suspicion because the CI wasn’t adequately corroborated to amount to reasonable suspicion. Also, the probation search here was limited to the areas in the house controlled by the defendant’s under the search condition imposed … Continue reading

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CA11: RS justified home search by PO when door opened and MJ could be smelled, plus more, not that it mattered

POs came to defendant’s place for a home visit. When the door was opened, the officer could smell marijuana. He asked for defendant and the man answering the door said defendant didn’t live there. He asked for defendant’s girlfriend who … Continue reading

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W.D.Ky.: Even if there wasn’t PC for a home search, there was RS for a parole search

Even if the officer’s showing was insufficient to show probable cause, the officer could rely on defendant’s parole search waiver for the search because the information clearly provided at least reasonable suspicion. United States v. Ickes, 2017 U.S. Dist. LEXIS … Continue reading

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