Category Archives: Probation / Parole search

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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CA6: Parole “stalking horse” rationale likely no longer good law; question is whether state parole law allowed the search

The probation and parole search “stalking horse” rationale probably is no longer good law. Defendant here was a person of interest in a homicide, and the police got his parole officer to conduct a search which was valid under state … Continue reading

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N.D.Cal.: Officer doesn’t need RS before contacting def with a suspicionless search waiver

Defendant had a suspicionless parole search waiver, and the officer doesn’t even need cause for the encounter. United States v. Jackson, 2020 U.S. Dist. LEXIS 189471 (N.D. Cal. Oct. 13, 2020). The affidavit for the search warrant of defendant’s tax … Continue reading

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W.D.N.Y.: Finding a gun during an automobile exception search doesn’t mean the search should end

Having found a gun during an automobile exception search, the officers weren’t obliged to stop the search. United States v. Green, 2020 U.S. Dist. LEXIS 180561 (W.D. N.Y. Sept. 30, 2020). A CI’s information was reasonable suspicion for a probation … Continue reading

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TN: Parole search is a question of standing

Defense counsel wasn’t ineffective for not challenge defendant’s parole search. In fact, “Because the search was a condition of his parole, the petitioner does not have standing to contest the search. Oody, 823 S.W.2d at 560; Turner, 297 S.W.3d at … Continue reading

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CA9: Unjustified emergency entry didn’t become justified by learning of a supervised release search waiver

The officers’ warrantless entry into defendant’s home thinking he needed emergency assistance wasn’t justified. They took him out. They found he had a supervised release search waiver on file which they didn’t know about before. They reentered and searched under … Continue reading

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MT: Renter of person on probation isn’t subject to landlord’s probation search

Defendant rented an outbuilding as a residence from a person on probation. His separate room was not subject to the landlord’s probation search waiver. In addition, one doesn’t have to lock his residence to have a reasonable expectation of privacy … Continue reading

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D.N.M.: POs with PV warrant authorized to enter hotel room def was visiting under Payton

Parole officers had a warrant for defendant’s arrest for absconding from supervision. His location at the motel room of another was given to the PO and an apprehension team went to get him. As they approached, the door was opened … Continue reading

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OH2: Officer may ask motorist if he’s armed

A police officer may ask a stopped motorist in a traffic stop whether he is armed without violating the Fourth Amendment. State v. Ferguson, 2020-Ohio-4153, 2020 Ohio App. LEXIS 3051 (2d Dist. Aug. 21, 2020). Defendant’s traffic stop evolved into … Continue reading

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E.D.Mo.: No REP against photographing tattoo on chest at time of arrest

Defendant had no reasonable expectation of privacy not to have a tattoo on his chest under his shirt photographed on his arrest. Therefore, defense counsel wasn’t ineffective for not raising it. Shumpert v. United States, 2020 U.S. Dist. LEXIS 149584 … Continue reading

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D.Nev.: Ptf’s claim he was held past his sentence expiring stated a 4A claim

Plaintiff’s claim he was held in jail past his sentence expiration date survives summary judgment as a Fourth Amendment claim. Barrese v. Las Vegas Metro. Police Dep’t, 2020 U.S. Dist. LEXIS 143360 (D. Nev. Aug. 10, 2020). The trial court … Continue reading

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D.Mont.: Officer had something at least close to RS to investigate def as a probation violator and there was no bad faith or flagrantly unreasonable action

If the officer didn’t have reasonable suspicion defendant was a probation violator, he had something really close to it. Also, nothing about the officer’s investigation was flagrant or in bad faith. United States v. Galliher, 2020 U.S. Dist. LEXIS 140901 … Continue reading

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