Category Archives: Probation / Parole search

E.D.N.C.: Where probation search didn’t comply with state RS requirement, federal court suppresses it

The state probation search of defendant’s premises did not comply with the state statute requiring reasonable suspicion, so the court does not consider the constitutionality of the search. The search was not for supervision purposes because his supervising officer did … Continue reading

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E.D.N.C.: Parole searches aren’t at all limited to only def’s parole officer doing it

It is not even a reasonable argument that only defendant’s PO can search him under a warrantless search condition. United States v. Smith, 2017 U.S. Dist. LEXIS 105049 (E.D. N.C. July 7, 2017). Defendant was seized when the officer’s blue … Continue reading

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S.D.Cal.: Probation search waiver can’t be relied on when officers didn’t know about it at time of search

In a civil case relying on a probation search, “‘[a] Fourth Amendment search waiver cannot provide a justification for a search of a probationer where the officers were unaware of the waiver before they undertook the search.’ United States v. … Continue reading

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CA9: Hotel room was def’s “premises” and the parole search was reasonable

A hotel room rented by defendant’s girlfriend where they checked in as a couple was defendant’s “premises.” There was probable cause to believe it was defendant’s premises and under his control because his clothes were inside, and the girlfriend said … Continue reading

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NY4: Probation condition that def consent to searches reasonably related to his crime and rehabilitation

Defendant’s probation condition that he consent to searches is reasonably related to his crime and rehabilitation. People v. King, 2017 NY Slip Op 04618, 2017 N.Y. App. Div. LEXIS 4686 (4th Dept. June 9, 2017).* “Giving due weight to each … Continue reading

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DE: Positive probation drug screen 15 days earlier, with nothing more, wasn’t RS for a probation search of the house

Positive probation drug screen 15 days earlier, with nothing more, wasn’t reasonable suspicion for a probation search of the house. State v. Fax, 2017 Del. Super. LEXIS 270 (June 2, 2017). Geolocation information from a coconspirator’s cell phone was used … Continue reading

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N.D.Cal.: It’s not for LEO to second guess a probation search condition’s validity or application

If the probation search condition applies on its face, and even if the search is for general law enforcement purposes, it’s not for the searching officer to inquire into the details of whether there might be some argument behind the … Continue reading

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LA2: UT blanket probation search condition applied to probationer transferred to LA

Defendant was on probation out of Utah and supervised in Louisiana. His PO received information that he might have child pornography on his cell phone. During a PO visit, he was told to get his cell phone and computer out … Continue reading

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N.D.N.Y.: Def’s prior drug involvement justified a drug search condition on supervised release

Defendant’s prior convictions for drugs from age 17-22 justified a drug search condition on supervised release. United States v. Betsy-Jones, 2017 U.S. Dist. LEXIS 75157 (N.D. N.Y. April 28, 2017), adopted, 2017 U.S. Dist. LEXIS 74113 (N.D. N.Y. May 16, … Continue reading

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Cal.4th: Passenger’s parole status permitted search of entire passenger compartment

Defendant was in a car with a parolee. After a valid stop, the parolee gave a false name, and the officer eventually got the right name and parole status. A search of the whole car was permissible even though the … Continue reading

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