Category Archives: Probation / Parole search

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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NC: On remand from Grady, realtime satellite based monitoring of a sex offender on release was unreasonable under 4A

On remand from Grady v. North Carolina, 135 S. Ct. 1368, 191 L. Ed. 2d 459 (2015), the state failed to prove that continuous realtime satellite based monitoring of defendant was unreasonable. The lack of a warrant requirement without any … Continue reading

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Cal.1st: Cell phone probation search condition not unreasonable; def to rid self of gang affiliations

An electronic search condition of probation is not per se unreasonable under Riley. Here, it was reasonable to show whether defendant ridded himself of his gang affiliations which was a condition of probation. People v. Guzman, 2018 Cal. App. LEXIS … Continue reading

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S.D.Ohio: Riley‘s cell phone SW requirement doesn’t apply to probation searches of a cell phone

Riley does not require a warrant for a probation search of a probationer’s cell phone. United States v. Fletcher, 2018 U.S. Dist. LEXIS 65591 (S.D. Ohio Apr. 18, 2018). Officers had probable cause to search the trunk of a car … Continue reading

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S.D.N.Y.: Parole search was valid despite def being in jail at time

Defendant was on parole and allegedly shot at somebody. That justified a parole search of his residence. The fact he was in jail at the time didn’t matter. United States v. Jaiman, 2018 U.S. Dist. LEXIS 64797 (S.D. N.Y. Apr. … Continue reading

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CA1: Suppression motion was untimely without a showing of good cause, and it would not be determined on appeal

“Sweeney neither challenged the finding of untimeliness before the district court, nor does he now argue that his delay in filing the motion to suppress was excused by good cause. As such, because of his waiver, we need not address … Continue reading

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E.D.Mich.: No PC for the warrant, but it wasn’t “so lacking” in PC that the GFE wouldn’t apply

There was no probable cause for issuance of the search warrant, but it wasn’t “so lacking” in probable cause because there was at least something. “The officers, therefore, acted in good faith in executing the warrant because, although the affidavit … Continue reading

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Cal.5: Detaining visiting non-probationer during probation search was unreasonable

Defendant was visiting a friend when the friend’s PO showed up for an unannounced search. Defendant was detained, too. His detention was unreasonable. People v. Gutierrez, 2018 Cal. App. LEXIS 282 (5th Dist. Mar. 29, 2018). This defendant challenged the … Continue reading

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CA7: State’s use of state’s “John Doe” proceedings was shown to be in good faith

In the court’s second view of Wisconsin’s unique John Doe proceedings, the Seventh Circuit decides only the good faith exception and concludes that the reliance on state law and compliance with the Stored Communications Act was all in good faith. … Continue reading

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WA: State const. requires nexus between parole violation and scope of probation search

“It is well established that an individual on probation has a reduced expectation of privacy, and a community corrections officer (CCO) may conduct a warrantless search if he or she suspects the individual has violated a probation condition. The issue … Continue reading

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Cal.1: Def’s false name was intended to avoid probation search condition; he’s estopped to argue exclusionary rule

“We hold that when a probationer gives a false name to a police officer, and a record check of that name fails to reveal that the probationer is in fact subject to a search condition, the probationer is estopped from … Continue reading

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LA3: Once parolee found in possession of MJ, search of his hotel room was justified

Defendant was arrested for possession of marijuana so the search of his wallet was justified as a search incident. As a parolee, his hotel room was his “residence” for purposes of a parole search. State v. Warren, 2018 La. App. … Continue reading

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