Category Archives: Probation / Parole search

NJ: Officer had RS def was armed; refusal of patdown justified exigent strip search at station house

The officer had reasonable suspicion that defendant was armed, and he attempted to perform a frisk, which defendant refused. This led to a warrantless strip search which was justified by the Fourth Amendment exigency exception and by state statute and … Continue reading

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E.D.Tex.: Def had no REP in a stolen travel trailer

Defendant had no expectation of privacy in a stolen travel trailer that was found and searched that wasn’t his. United States v. Deckert, 2018 U.S. Dist. LEXIS 178036 (E.D. Tex. Oct. 10, 2018), adopted, 2018 U.S. Dist. LEXIS 178038 (E.D. … Continue reading

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OH8: Home inspections was a reasonable probation condition for 42 housing code violations

Defendant was convicted of 42 counts of housing code violations of a house in constant disrepair since 2002. As a condition of probation, he was ordered to permit home inspections, and this was reasonably related to the offense of conviction. … Continue reading

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D.Conn.: No per se standing in a cell phone seized off your person; prove it’s yours

Defendant made no attempt to show standing in the cell phone of another person that was lawfully seized incident to his arrest and in his pocket. He needed his own testimony or that of another to establish it. United States … Continue reading

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N.D.Ohio: Parole officers’ clinical reports didn’t have any of the added color at the suppression hearing, so the court doesn’t credit their testimony

“Based upon the totality of the circumstances and the Court’s assessment of the credibility of the parole officers, the Court finds that the [parole authority] lacked reasonable suspicion to search Neff’s cell phone. The results of the search, therefore, must … Continue reading

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Cal.1: Electronic probation search condition challenge forfeited

Defendant minor’s electronic probation search condition challenge was forfeited. In re L.O., 2018 Cal. App. LEXIS 863 (1st Dist. Sep. 26, 2018).* Defendant was on supervised release, and there was reasonable suspicion for his probation search: A CI said he … Continue reading

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ID: A parole arrest done by a LEO on the parole officer’s request doesn’t violate 4A

A parole arrest wasn’t in violation of the Fourth Amendment just because a parole officer got a law enforcement officer to do it. There also was probable cause for the arrest. State v. Ayala, 2018 Ida. App. LEXIS 41 (Sep. … Continue reading

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D.Idaho: RS for continuing a traffic stop can be based on a violation of probation conditions

Reasonable suspicion for continuing a traffic stop can be based on a violation of probation conditions, as was this one. United States v. Durr, 2018 U.S. Dist. LEXIS 157472 (D. Idaho Sep 15, 2018). Petition for writ of error coram … Continue reading

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NC reverse to satellite monitoring sex offender conditions for lack of findings

“The trial court ordered Defendant Aaron Lee Gordon to enroll in lifetime satellite-based monitoring following his eventual release from prison. Defendant appeals. Because the State cannot establish at this time that Defendant’s submission to satellite-based monitoring will constitute a reasonable … Continue reading

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TN: Because a probation search doesn’t require PC, staleness of information is not an issue

A probation search does not require probable cause, so staleness is not an issue. State v. Ward, 2018 Tenn. Crim. App. LEXIS 666 (Aug. 30, 2018). Defendant had a GPS put on his vehicle and thermal imaging of his building, … Continue reading

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TN: Parole search applied to bedroom def shared with girlfriend but not to another bedroom in the house occupied by a non-parolee

Defendant shared a bedroom with his girlfriend, and another person lived in the house. He was subject to reasonable parole searches, and the court concludes that it applies to everything in the room he shared with his girlfriend. It did … Continue reading

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CA9: No justification for probation search of locked bedroom of non-probationer roommate brother

Defendant lived with his brother who was on probation in a locked room. Officers came to conduct a probation search of the brother, and it was unreasonable to search defendant’s locked room. They had no reason to believe the brother … Continue reading

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