Category Archives: Probation / Parole search

DE: SW for drugs allows search anywhere drugs may be hidden

A search warrant for drugs authorizes a search any place where drugs may be hidden. The fact other things are found that are evidence allows their seizure, too. Jackson v. State, 2019 Del. LEXIS 456 (Oct. 8, 2019). U.S. Probation … Continue reading

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D.Neb.: POs came to def’s house, smelled meth, and had RS for a search

Defendant was on a parole and drew her PO’s suspicion when she said she was putting money on a card at CVS since she was unemployed. They made a home visit and smelled methamphetamine cooking. They had reasonable suspicion for … Continue reading

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D.Idaho: US Probation may enlist LEOs in conducting supervision search of cell phone

U.S. Probation was supervising defendant and they suspected child pornography on his cell phone. They enlisted HSI to search the phone. This did not violate federal law; USPO can get assistance to conduct a search. United States v. Johnson, 2019 … Continue reading

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IN: In a probation search of one under home confinement, only common areas or def’s specific area can be searched; MJ and gun found in common area

Defendant was placed on home confinement as a result of his conviction, and there was a search waiver provision. He was living in someone else’s house. Assuming only the common areas and those under defendant’s specific control are subject to … Continue reading

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Cal.1: An electronic device probation search condition is reasonable to aid rehabilitation; but here it needs to be narrower

An electronic search condition for this juvenile involved in car burglaries was reasonable in its inception, but it had to be narrowed. The court finds an electronic search condition reasonable because of the inordinate amount of time he spends on … Continue reading

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E.D.Mich.: Parolee has no REP in own home as to parole search

The court holds that defendant’s status as a parolee literally gave him no reasonable expectation of privacy in his own trailer from a parole search. He seeks narrowing the search under Griffin to avoid Samson and Knights. The court rejects … Continue reading

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NC: Failure to prove nexus to real property in SW requires suppression

The affidavit for search warrant failed to connect defendant to the premises sufficient for there to be probable cause, and the court of appeals decision to suppress is affirmed. As to a vehicle, the officer had more information but didn’t … Continue reading

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NC: On remand from Grady, lifetime monitoring of sex offense “recidivists” off parole or any community control violates 4A

On remand from Grady v. North Carolina, 135 S. Ct. 1368 (2015), North Carolina’s lifetime satellite based monitoring system is unconstitutional as applied to those “recidivists” who have completed parole and all post-release supervision. The court does not go into … Continue reading

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DC: Probationer on GPS monitoring could be checked against crime data to connect him to crime without violating 4A

Defendant was on supervised release and was required to wear a GPS monitor. After a crime, probation officers checked to see if perchance any of their probationers were at the scene at the time, and defendant was. The examination of … Continue reading

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D.Mass.: Def was on supervised release with a reasonable searches condition, and his CP search was reasonable with that and a SW

Defendant had previously been convicted of child pornography, and he had lifetime supervision with a “reasonable” search condition. Despite that, officers got a search warrant for his house and computers for another such offense. First, there was justification for a … Continue reading

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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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