Category Archives: Probation / Parole search

NY4: Search of cell phone for texts led to SW; not inevitable discovery because SW sought because of illegal search

Defendant’s Fourth Amendment rights in his cell phone text messages were violated by the police searching them without a warrant. The fact they got a warrant later didn’t help them because that was the only reason to search the phone, … Continue reading

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WI: Probation condition against possession of a computer gives the PO power to search one found

Defendant had arson and sex offender convictions, and a term of probation was no computers without approval. They found a computer with live modems at his house, and he denied that the big computer worked, but he had a laptop. … Continue reading

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NY1: Pawnbrokers have been heavily regulated for a century; rules for information storage are reasonable

Pawnbrokers have been a heavily regulated industry for over a century. NYC’s requirement of provision of certain information in digital format is reasonable under the Fourth Amendment (compare California Bankers Assn. v. Schultz) and the limited administrative searches are reasonable. … Continue reading

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CA4: Drugs on an occupant of a vehicle supports a search of the trunk and other compartments

Drugs on an occupant of a vehicle supports a search of the trunk and other compartments. United States v. Brown, 2017 U.S. App. LEXIS 1720 (4th Cir. Jan. 31, 2017). Defendant appeals a supervised release search term that does not … Continue reading

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Law Review: Fourth Amendment Rights of Probationers: The Lack of Explicit Probation Conditions and Warrantless Searches

Fourth Amendment Rights of Probationers: The Lack of Explicit Probation Conditions and Warrantless Searches by Taylor S. Rothman at University of Chicago Legal Forum.

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CA8: Supervised release term of “random inspections of his computer’s internet and email usage history” reasonably justified search of def’s computer

Supervised release term of “random inspections of his computer’s internet and email usage history” reasonably justified search of defendant’s computer. United States v. McCoy, 2017 U.S. App. LEXIS 1695 (8th Cir. Jan. 31, 2017):

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Cal.6th: Broad electronic search probation condition was justified by the crime

The defendant juvenile took pictures of his having sex with a girl he was in school with and then he blackmailed her. He was found delinquent under the juvenile law for possession of child pornography and extortion. The broad probation … Continue reading

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M.D.Pa.: Girlfriend’s misstatement about presence of other persons in house during probation search justified protective sweep

“[O]fficers went to Mr. Owens’ residence to conduct a probationary check. After knocking on the door, officers were told by Mr. Owens’ girlfriend, Ms. Haqq, that he was not present and that she was the only adult at the residence. … Continue reading

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FL2: Protective sweep of curtilage unreasonable; CI’s tip of obvious details to any observer not corroborated

The trial court erred in denying defendant’s motion to suppress under the protective sweep exception to the warrant requirement because the trial court’s finding that the detective’s intrusion onto the curtilage was justified for officer safety was not supported by … Continue reading

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WA: There must be a nexus between the scope of a parole search and what is being looked for

“¶17 We agree with [State v. Jardinez, 184 Wn. App. 518, 338 P.3d 292 (2014)] that the [Sentencing Guidelines] Commission’s comment is strong evidence that the legislature intended that there must be a nexus between the suspected violation and the … Continue reading

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