Category Archives: Probation / Parole search

E.D.N.C.: The parole search here violated the state parole search authorization and is suppressed

Defendant was subject to a state parole search condition that required reasonable suspicion and is also governed by Griffin’s special needs exception. “the language in a parole search condition is an important factor to consider when assessing the reasonableness of … Continue reading

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D.Minn.: Def’s admission of violation of internet limits on supervised release was RS

Defendant was on federal supervised release, and the reasonable suspicion of Knights applies, and the officers had it here because defendant admitted a violation of his internet usage agreement with the PO. United States v. Kuhnel, 2017 U.S. Dist. LEXIS … Continue reading

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CA5: PO’s information from DEA plus additional facts was RS for probation search

Defendant was on probation for a state drug offense, and he was a good probationer, so his PO was working toward early termination of probation. Then the DEA calls the PO that they suspect him of being involved in drug … Continue reading

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D.Neb.: Giving home alarm code helps show consent

The record supports that defendant consented to his probation search. Giving the alarm code helps show consent. There was no objection to the probation search at any time. United States v. Wilson, 2018 U.S. Dist. LEXIS 8815 (D. Neb. Jan. … Continue reading

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ID: Where probation agreement searches occur “at the request of” PO, searching without request was fatal

Defendant’s probation agreement said that he’d submit to probation searches “at the request of” the probation officer. Searching without a prior request was fatal. State v. Jaskowski, 2018 Ida. LEXIS 19 (Jan 18, 2018). “The Franks challenge to paragraph three … Continue reading

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ID: Patdown of a visitor at a probationer’s house during probation search requires RS, and here it was lacking

Finding it a close question, the patdown of a visitor during a probation search of the probationer’s house was unreasonable because there was no indication he was a problem or potentially violent. His demeanor was calm throughout for 17 minutes … Continue reading

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MN: By living with a person on probation, one has a diminished REP in common areas

By choosing to live in the same house with a probationer, one has a diminished expectation of privacy in the common areas of one’s abode. In a probation search of the other occupant, defendant objected to the entry, but it … Continue reading

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A.F.Ct.Crim.App.: AFOSI form that said cell phone consent search would be done in 3 days wasn’t constitutionally binding

An AFOSI form states that a cell phone search has to occur within three days of their acquiring the phone. The court in the past has suggested that form change because it’s unreasonable to expect that it can be done … Continue reading

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IL: A motion to suppress and a motion for directed finding of NG are fundamentally two different things

Defendant sought a motion to suppress which was actually a motion for directed finding of not guilty. They are different things. People v. Lomeli, 2017 IL App (3d) 150815, 2017 Ill. App. LEXIS 782 (Dec. 15, 2017). This immigration checkpoint … Continue reading

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Cal.6th: Citizen informant’s report def matched a BOLO of a sex offender justified talking to him, and his probation search condition justified search

A San Jose bus driver thought that a passenger on a bus was a person there was a BOLO out on for having committed a lewd act on a child on a bus that was captured on the bus video. … Continue reading

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W.D.Mo.: Any reasonable person on supervised release would know a computer search condition extended to a cell phone

Defendant was on supervised release, and he had a computer search condition. The court concludes that any reasonable person would understand a cell phone would be a “computer” for the search condition. In any event, it had already been searched … Continue reading

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CA11: Supervised release warrantless computer search condition isn’t limited to sex offenses

Defendant was convicted of aggravated child abuse, but not a sex offense, in state court, and that resulted in revocation of supervised release. The new sentence was 24 months confinement and 36 months supervised release. A warrantless computer search condition … Continue reading

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