Category Archives: Probation / Parole search

W.D.Wash.: Corroborated anonymous tip was enough for probation search

An anonymous tip “here predicted Dodd would engage in future criminal activity and the tipster explained how they knew this information. Bullard then investigated these claims and learned new, non-public information that corroborated many of the allegations.” This was “reasonable … Continue reading

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W.D.Wash.: Polygraph test of SO can be RS for parole search

Defendant’s showing deception on a sex offender polygraph test while on supervision was reasonable suspicion for a parole search. United States v. Dodd, 2025 U.S. Dist. LEXIS 89064 (W.D. Wash. May 9, 2025):

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M.D.Fla.: Being made to leave during search of premises is not a seizure

Defendant was made to leave the premises while a search occurred inside, and that was not a seizure of his person. United States v. Arcadipane, 2025 U.S. Dist. LEXIS 82688 (M.D. Fla. May 1, 2025). Defendant, a sex offender on … Continue reading

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IL: Actual parole search agreement or waiver not required to be admitted into evidence

When relying on a parole search exception, the state does not have to put the specific document into evidence. Here, also, defendant was transferred on parole from Texas to Illinois. People v. Pyles, 2025 IL App (4th) 240220, 2025 Ill. … Continue reading

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CA4: No downward variance for 4A violation in revocation of supervised release

Defendant was on supervised release and revoked. No downward variance because the search violated the Fourth Amendment and led to dismissal of that separate case. United States v. Corbett, 2025 U.S. App. LEXIS 8758 (4th Cir. Apr. 14, 2025). “In … Continue reading

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OH5: CIs’ reliability shown by other facts

The CIs’ statements weren’t individually supported by a showing of why they were reliable. Instead, corroboration came from the rest of the detail in the affidavit. State v. Shannon, 2025-Ohio-1224, 2025 Ohio App. LEXIS 1188 (5th Dist. Apr. 7, 2025). … Continue reading

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D.Haw.: PC not required for a probationer’s arrest

An officer was alerted to a probationer with an arrest warrant and found the probationer’s car. Running the LPN produced a hit on the warrant. Probable cause is not required for a probationer’s arrest; just a reasonable basis. Burns v. … Continue reading

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E.D.Ark.: Non-parolee was subject to search with parolee in hotel room with RS drugs were being sold

Defendant was in the hotel room of another who was on parole and there was at least reasonable suspicion to believe was dealing drugs from the room. Search of the room was valid as to the defendant guest. United States … Continue reading

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D.Me.: Probationers have greater incentive to dispose of criminal evidence

“Balanced against this diminished expectation of privacy is the government’s heightened interest in evaluating and monitoring the conduct of persons on supervised release. Id. The United States Office of Probation and Pretrial Services has a legitimate, important interest in ‘rehabilitation … Continue reading

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Cal.1st: Exclusionary rule doesn’t apply to DL suspensions

The exclusionary rule doesn’t apply to DL suspension proceedings. Kazelka v. Cal. Dep’t of Motor Vehicles, 2025 Cal. App. LEXIS 196 (1st Dist. Mar. 27, 2025). Officers responded to a shots fired call in a Bronx apartment and entered and … Continue reading

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PA: PO search of parolee’s visitor required RS which was lacking

Under a parole search of one Scott in his home, the PO had authority to frisk the visitor defendant if he had safety concerns or reasonable suspicion, and here they did not. Commonwealth v. Gibson, 2025 PA Super 65, 2025 … Continue reading

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CA10: Siccing police dog on sleeping man wasn’t subject to QI

Siccing a police dog on a sleeping man not subject to qualified immunity. Luethje v. Kyle, 2025 U.S. App. LEXIS 6385 (10th Cir. Mar. 19, 2025). The CI’s information on a video showed his basis of knowledge and provided probable … Continue reading

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CA8: Dog sniff at apt door was reasonable under existing precedent

A drug dog sniff at defendant’s apartment door was reasonable under well-established circuit precedent. There’s no evidence the dog’s nose went under the door. United States v. Peck, 2025 U.S. App. LEXIS 5710 (8th Cir. Mar. 12, 2025). Plaintiff’s condition … Continue reading

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OH1: For probation search, anonymous tip and knowledge of probationer was RS

While anonymous tips alone aren’t reasonable suspicion, in a probation search, an anonymous tip coupled with the PO’s knowledge of the probationer was. State v. Currie, 2025-Ohio-670 (1st Dist. Feb. 28, 2025).* Defendant’s search claim was not shown to be … Continue reading

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CA11: Potential new Franks violation not enough for third successor habeas

This is petitioner’s third successor habeas attempt. This one claims new information might make a Franks violation. Except that it doesn’t qualify for permission to proceed as a successor. In re Obeginski, 2025 U.S. App. LEXIS 2806 (11th Cir. Feb. … Continue reading

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CA8: Drugs on person admissible under 404(b) despite being outside indictment

Drugs on defendant’s person at the time of arrest were admissible under 404(b) despite being outside the time of the indictment. United States v. Hodo, 2025 U.S. App. LEXIS 1796 (8th Cir. Jan. 28, 2025). Defendant was on supervised release … Continue reading

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GA: SW for blood BAC doesn’t also allow search for drugs

A search warrant for blood BAC doesn’t also allow search for drugs. State v. Johnson, 2025 Ga. App. LEXIS 18 (Jan. 28, 2025). Defendant was on supervised release and the search of his cell phone producing child pornography was reasonable. … Continue reading

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D.Mont.: Search incident doctrine didn’t apply where car was searched when def was transported to ER

Officers lacked reasonable suspicion for a probation search of defendant’s vehicle. In addition, its search couldn’t be justified by search incident when he was already transported to the hospital before the search occurred. United States v. Heafner, 2025 U.S. Dist. … Continue reading

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CA3: Conviction for threats by internet justified supervised release condition of computer monitoring

Where defendant was convicted of making threats over the internet to a Congressman, a two year computer monitoring condition was reasonable and did not violate the First and Fourth Amendment. United States v. Hall, 2025 U.S. App. LEXIS 1109 (3d … Continue reading

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D.Ariz.: USPO can turn phone seized in supervised release over to FBI

It was not improper for the PO to turn defendant’s phone over to the FBI to search it when it was already lawfully seized. “This is not a stalking horse case.” The delay was not unreasonable. United States v. Fuller, … Continue reading

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