Category Archives: Probation / Parole search

NY3: No exigency justified this entry; exclusionary rule applies in NY probation revo proceedings

There was no emergency basis for entry into defendant’s apartment, a probationer. The police understood that another person might be there who they were curious about. Still, there was no justification for the warrantless entry with gun drawn at midnight. … Continue reading

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D.S.D.: Pole camera surveillance was troubling, but for def being on supervised release with a reduced REP

Pole camera surveillance of defendant may have been intrusive, and the court is sensitive to the ability of a pole camera to invade on privacy, but this case turns on defendant being on supervised release with a lower expectation of … Continue reading

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N.D.W.Va.: No standing in car where permission to borrow had been revoked

Defendant had permission to possess and drive a car for a while, but it had been rescinded by the time of the search. Therefore, he lacked standing in the car. United States v. Leclear, 2018 U.S. Dist. LEXIS 106550 (N.D. … Continue reading

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N.D.Fla.: Email SW didn’t required search protocol be stated in SW

“The officers followed a reasonable protocol in conducting the search. The protocol was not in the warrant, but this did not render the warrant defective. See United States v. Khanani, 502 F.3d 1281, 1290 (11th Cir. 2007). And in any … Continue reading

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KS: A field sobriety test is not a search.

A field sobriety test is not a search. Even if it was, this was shown to be by consent. City of Leawood v. Puccinelli, 2018 Kan. App. LEXIS 35 (June 22, 2018). This heading in the too long opinion explains … Continue reading

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N.D.Cal.: Def’s parole search on erroneous dispatch report def was on parole means no exclusion under Herring

Defendant was stopped for a traffic offense, and dispatch said he was on parole which meant he was subject to search. He wasn’t on parole, but the officer’s good faith reliance on the dispatch report under Herring means no suppression. … Continue reading

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SC: Failure to register offense didn’t justify electronic monitoring condition under Grady

Defendant was convicted of a sex offense in 1979. In 2011 he was convicted of a sex offender registration offense. An electronic monitoring condition was unreasonable and a violation of the Fourth Amendment on this record under Grady v. North … Continue reading

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D.Idaho: Consent irrelevant to a parole search

Defendant was reasonably subjected to a parole search, and withdrawal of his consent was irrelevant. United States v. Perales, 2018 U.S. Dist. LEXIS 99191 (D. Idaho June 11, 2018). The officer had reasonable suspicion to detain defendant for being a … Continue reading

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S.D.N.Y.: Exclusionary rule doesn’t apply to revocation of supervised release

The exclusionary rule does not apply to revocation of supervised release proceedings. United States v. Hightower, 2018 U.S. Dist. LEXIS 98320 (S.D. N.Y. June 12, 2018). The renter of the rental car was in it, and he voluntarily consented to … Continue reading

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Cal.1: Electronic search condition on juvenile was unreasonable for possession of a knife and rolling papers at school

The electronic search condition on this juvenile for having a knife, rolling papers, and a lighter in school after a school search was unreasonable. The state says its need to prevent him from procuring more marijuana, but the court disagrees. … Continue reading

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LA5: Parole officers were stalking horses for police acting without RS

Defendant’s parole search was without reasonable suspicion. In addition, the parole officers were acting at the request of law enforcement officers acting on an unsubstantiated tip, and that’s unreasonable in this state. State v. Clay, 2018 La. App. LEXIS 1004 … Continue reading

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KS: Parole search waiver permitted suspicionless home searches

Defendant’s parole search waiver permitted suspicionless searches of his home, despite the fact the statute didn’t specifically mention it. The court balances the state’s need with the intrusion on privacy, and there is a continuum of much lower privacy expectations … Continue reading

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