Category Archives: Probation / Parole search

LA4: Probation search unreasonable because PO not there; clearly pretext for criminal search

The collection of officers from several law enforcement agencies for a probation “compliance check” shows that it wasn’t a bona fide probation search. “Given the totality of the circumstances, the compliance check was unreasonably pretextual. Agents Bertrand and Hardy should … Continue reading

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ND: Even a frequent visitor isn’t sufficiently connected to a probationer’s property to be subject to his probation search waiver

A mere visitor, albeit a frequent one, is not subject to search as an occupant of the premises under a probation search waiver. He has an insufficient connection to the property to be subject to the occupant’s waiver. State v. … Continue reading

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CA9: Omission of 4A probation search waiver from wiretap application didn’t mean anything

Omitting the fact defendant was subject to a search waiver wasn’t material to a wiretap application. It’s omission from the wiretap affidavit didn’t matter. United States v. Rodriguez, 2017 U.S. App. LEXIS 4429 (9th Cir. March 14, 2017). Defendant couldn’t … Continue reading

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CA9: Officer has to be aware of parole or probation search waiver before the search happens

The officer has to be aware of parole or probation search waiver before the search happens, if that’s the justification. United States v. Job, 2017 U.S. App. LEXIS 4428 (9th Cir. March 14, 2017):

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SD: Living with a parolee reduces your expectation of privacy in premises as to nonparolee

Defendant lived with a parolee, so she had a diminished expectation of privacy in their home (here a motel room) from parole searches. In a spot UA check, he tested positive at the home for methamphetamine, and then police asked … Continue reading

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ND: Cell phone subject to probation search of house where CP suspected to be on it

Defendant was on supervised probation, and his PO received information from his girlfriend that he had “provocative” pictures of clothed young girls he was uploading to a cell phone that had no service. It was reasonable to seize and search … Continue reading

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ID: 4A waiver not mentioned at sentencing couldn’t later be imposed by PO

When defendant was sentenced, there was no Fourth Amendment waiver mentioned by the court, and the sentencing and probation order didn’t mention it. Six weeks later, he was forced to sign a Fourth Amendment waiver by his PO. That waiver … Continue reading

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CA8: Adding search condition to supervised release after serving 26 years didn’t violate ex post facto clause

Defendant served about 26 years of a 30½ year sentence, and, after release, a search condition was added, and it did not violate the ex post facto clause. United States v. Winston, 2017 U.S. App. LEXIS 3685 (8th Cir. March … Continue reading

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AR: Knock-and-announce applies to parole searches, but Hudson adopted and exclusionary rule doesn’t apply

The knock-and-announce rule applies to parole searches, and violation of the rule is a substantial violation of the Fourth Amendment and the state constitution. The court adopts Hudson, however, and finds that the exclusionary rule should not be applied. Lane … Continue reading

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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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