Category Archives: Probation / Parole search

CA3: Doing drug deals from the car parked behind the house was nexus

“Walker argues there was no evidence supporting the third Burton premise. We disagree, as several of the ‘factors that help establish the required nexus between a defendant’s drug-dealing activities and his home’ are present in this case. … Walker conducted … Continue reading

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OK: State blood draw statute was suspect, but GFE applies

The state blood draw is constitutionally suspect, but the court doesn’t have to go there. The officer’s actions in relying on it was still good faith. Stewart v. State, 2019 OK CR 6, 2019 Okla. Crim. App. LEXIS 8 (May … Continue reading

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NY3: Officer’s subjective intent to search doesn’t matter where there was PC under automobile exception

The officer’s alleged subjective intent to search didn’t matter because there was justification under the automobile exception anyway. People v. HinesPeople v. HinesPeople v. Hines, 2019 NY Slip Op 03853, 2019 N.Y. App. Div. LEXIS 3884 (3d Dept. May 16, … Continue reading

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C.D.Cal.: Probation search def wins motion in limine to keep probation records out of jury trial

Defendant was arrested as a result of a probation search. The government succeeds in a motion in limine that the probation records aren’t admissible in the hearing in the prosecution. United States v. Flores, 2019 U.S. Dist. LEXIS 74506 (C.D. … Continue reading

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Cal.4 dissent: Riley and Sansom require RS for cell phone probation search

Defendant was subjected to a probation search of a cell phone where the underlying crime had nothing to do with cell phones or the internet. The dissent believes that Riley and Sansom together require reasonable suspicion for a cell phone … Continue reading

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MT: An improperly certified police officer was still competent as a witness at a suppression hearing under Rule of Evid. 601, 602

An improperly certified police officer was still competent as a witness at a suppression hearing because all witnesses are generally competent to testify to what they saw. Rule of Evid. 601, 602. Under the totality of circumstances, there was probable … Continue reading

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TN: One reference to address as “Drive” not “Street” hardly makes the SW without PC or otherwise invalidate it

“The address is shown as ‘106 Melwood Street’ nine times in the affidavit and one time as ‘106 Melwood Drive.’ Based on the totality of the information contained in the affidavit, we determine that the use of the word ‘drive’ … Continue reading

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Cal.5: Probation search condition applies to BAC blood draw

Defendant was on probation for DWI. His warrantless probation search condition applied to determining his BAC level. People v. Cruz, 2019 Cal. App. LEXIS 384 (5th Dist. Apr. 25, 2019). This condition was imposed for another DWI. Why wouldn’t a … Continue reading

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D.Conn.: SW for hotel room permitted seizure of room key when it was seen before the search

The search warrant for a hotel room authorized seizure of the key to the hotel room to gain access when the officers came upon it. Plain view applied. Even if plain view didn’t apply, the only suppression would be the … Continue reading

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ND: 14 hour old information for a probation search was not stale

14 hour old information for a probation search was not stale. State v. Stenhoff, 2019 ND 106 (Apr. 11, 2019). Defendant didn’t preserve his search issues for appeal under state law. “In attempting to reserve the question of whether Defendant … Continue reading

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LA1: Plain view during a probation “compliance check” is valid

Plain view during a probation “compliance check” is valid. State v. Cheramie, 2019 La. App. LEXIS 576 (La. App. 1 Cir. Apr. 5, 2019). Defense counsel filed a motion to suppress which was heard and denied. He then pled guilty. … Continue reading

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OH8: When on probation for bestiality, the Humane Society can conduct probation searches

Defendant was on misdemeanor probation for bestiality with a dog. He was subject to probation searches on reasonable suspicion for whether or not he had pets in the house, and the Animal Protection League (APL) is a part of the … Continue reading

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