Category Archives: Probation / Parole search

LA2: Search of nonparole roommate’s room required PC and SW

There is risk of a nonparolee roommate to parole searches of their common area. Once a search can occur, however, the rights of the roommate not on parole have to be respected. A search of the roommate’s room requires probable … Continue reading

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CA9: Questioning motorist about probation status for 10 seconds and safety reasons was reasonable

Questioning defendant about his probation or parole status, albeit for about 10 seconds and clearly for safety reasons, did not unreasonably extend the stop. United States v. Beltran, 2024 U.S. App. LEXIS 2003 (9th Cir. Jan. 30, 2024). There was … Continue reading

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OH8: Graham v. Connor reasonableness standard applied where police are charged with assault on civilians

Defendant was a Cleveland PD officer convicted of misdemeanor assault on a civilian by putting his hands around the throat of an arrestee. Even under the Garner standard for Fourth Amendment reasonableness, the evidence was sufficient to support the verdict. … Continue reading

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WI: Drug dog “instinct exception” not applicable here, even if it is ever adopted

The court declines to adopt, at least for now, a drug dog’s “instinct exception” for the dog entering defendant’s car. Other courts have adopted that exception, but factually it doesn’t even apply here because the court finds the dog was … Continue reading

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E.D.Ark.: State parole search waiver applies to hotel room used for drug dealing

The parole search waiver under state law provides for searching one’s domicile. Here there was probable cause to believe defendant was using a hotel room for drug dealing, and he was there for more than a de minimus time. Thus, … Continue reading

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D.Me.: SW affidavit mentioned a licensing complaint against defendant doctor, but omission that the complaint was resolved favorably gets a Franks hearing

Defendant is a D.O. accused of over prescribing. She made her substantial preliminary showing to get a Franks hearing because the affiant omitted from the affidavit for warrant that the licensing authority considered the same claims and found she acted … Continue reading

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SD: Parole officer could authorize search of def’s computer hard drive for child porn

Defendant was on parole for felony DUI when he became a suspect in a child pornography case. His parole officer authorized a search of his computer hard drive for child pornography, and defense counsel wasn’t ineffective for not challenging the … Continue reading

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D.P.R.: Probation search can precede arrest

Defendant’s probation officer was not a “stalking horse” for the police in this probation search. They both had their reasons for the search. Following most of the circuits addressing the issue, the search can precede the arrest. United States v. … Continue reading

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DC parolee’s GPS monitor can only be placed by court order

Defendant’s GPS monitoring while on D.C. parole was unauthorized without an order from the sentencing court. It also doesn’t fit under Knights and Samson and special needs. Therefore, its use here to connect defendant to a crime is suppressed. Davis … Continue reading

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S.D.N.Y.: CA2 doesn’t recognize “stalking horse” theory of probation searches

“Skyfield’s stalking horse theory ‘that the NYPD was the real law enforcement animator’ behind the Probation Office’s actions is therefore inconsistent with binding Second Circuit precedent. United States v. Chandler, 56 F.4th 27, 43 (2d Cir. 2022), cert. denied, 143 … Continue reading

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CA9: Questions about supervised release status and request for consent during traffic stop are reasonable

This traffic stop was not unreasonably extended. “Officers were permitted to ask Contreras about his supervisory release status as an ordinary inquiry incident to a traffic stop. … Officers were also allowed to conduct a criminal records search. … Likewise, … Continue reading

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CA11: Crew of foreign registered ship boarded in international waters has no 4A standing

Defendant had no Fourth Amendment standing when he was a foreign national on a ship of a foreign country that drew the Coast Guard’s attention south of the Cayman Islands. The Coast Guard finally boarded the ship after the country … Continue reading

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DC: Search of probationer’s GPS monitor didn’t require a SW

Defendant was on GPS electronic monitoring while on probation. The search of his EM device to prove he was involved in a robbery was not unreasonable. Moreover, even if the probation department’s regulations were somehow violated, the exclusionary rule should … Continue reading

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CA11: Def claims he was talking with a VA clinician, but it was a CI; no REP in conversation

Defendant was ultimately accused of theft of government funds and false statements about his VA benefits. A phone call with an informant was recorded. He claims he thought it was a clinician with whom he had a reasonable expectation of … Continue reading

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IN: Patdown of man in medical distress before paramedics arrived was reasonable

Defendant’s patdown search when he was found lying in a parking lot in medical distress was objectively reasonable as an emergency search, if just for what was on him before paramedics arrived. Meth was found. Lack of a separate state … Continue reading

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N.D.Tex.: Protective sweep of meth lab property was objectively reasonable

The officers’ protective sweep of a property with a working meth lab was objectively reasonable. United States v. Moreno, 2023 U.S. Dist. LEXIS 201424 (N.D. Tex. Nov. 9, 2023). Defendant’s cell phone was used during the period the rape victim … Continue reading

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PA: Car and phone were abandoned after police chase

Defendant was allegedly driving his car, fled a police stop and crashed into another car. He fled and abandoned the car leaving his cell phone inside. He reported it stolen the next morning, but that proved to be false. The … Continue reading

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AR: Probation search waiver can be required in suspended sentences, too

The state probation search waiver statute doesn’t refer to suspended sentences, but the court has the power to impose it there, too, even without a supervision requirement. Johnson v. State, 2023 Ark. App. 509 (Nov. 8, 2023). The dog sniff … Continue reading

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CA7: Misuse of dealer tag justified search incident

The district court decided this vehicle search on inventory. On appeal, the court goes with search incident because the vehicle was being driven with improper dealer tags. Officer “Hobbs’s search of the glovebox incident to Travis’s arrest was proper. Evidence … Continue reading

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S.D.N.Y.: SW affidavit not yet available to def merely for bail application

Defendant doesn’t get to see the affidavit for warrant yet just for his bail application because the government asserts the investigation is still ongoing. Discovery of child pornography was inadvertent, and the bail application isn’t a discovery device. The question … Continue reading

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