Category Archives: Probation / Parole search

CA8: “[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under 4A

“[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under the Fourth Amendment. United States v. Becker, 2022 U.S. App. LEXIS 35626 (8th Cir. Dec. 27, 2022). … Continue reading

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NY3: On parole out of your county and lying about travels RS for parole search

Defendant was on parole and stopped outside his residence county. That was reasonable suspicion for a parole search. Plus, defendant’s multiple and inconsistent explanations about his travels, which the police officers knew were false, coupled with his parole situation and … Continue reading

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CA3: Scope of curtilage argument changed on appeal and thus waived

This case involved an argument about what is curtilage around a tent and firepit. Explosives were found outside this curtilage. On appeal, the scope of curtilage changed, and it’s waived. United States v. Madziarek, 2022 U.S. App. LEXIS 34076 (3d … Continue reading

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NJ: CI’s identity not material to a civil case over arson

This is a subrogation claim over a fire caused by arson. Padilla was convicted. The civil case resulted in getting discovery of the DA’s file. After that, the name of a CI for a search warrant was sought, and it … Continue reading

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Cal.3d: Parole search of glove compartment of car where parolee was backseat passenger was unreasonable

The parole search of a car’s glove compartment because of a parolee backseat passenger was unreasonable. Because the glove compartment was locked, it wasn’t possible for the key in the ignition to be used to unlock it while the vehicle … Continue reading

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OH1: Failure to follow probation search statute doesn’t require exclusion

Defendant’s argument that the probation search statute wasn’t followed doesn’t require exclusion. That’s for constitutional violations. State v. Clardy, 2022-Ohio-4300, 2022 Ohio App. LEXIS 4070 (1st Dist. Dec. 2, 2022); State v. Kellett, 2022-Ohio-4340, 2022 Ohio App. LEXIS 4088 (5th … Continue reading

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MI: Automobile repair business is pervasively regulated

The trial court erred in suppressing the search of defendant’s automobile repair business which was a pervasively regulated business. The search was during the work week during regular hours and was for evidence of compliance with the Motor Vehicle Service … Continue reading

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E.D.Mich.: Parole search can occur when parolee not home

Defendant was on state parole living with his girlfriend, also a defendant. They were out and her mother was their babysitter in the home. Parole came by for a compliance check. The mother let them in. First, the search was … Continue reading

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W.D.N.Y.: RS for parole search of house justified by failure to report, curfew and travel violations, and tampering with GPS

A parolee’s “fail[ure] to report to the parole office, staying out past curfew, traveling out of his parole-approved area, and tampering with his GPS monitor” justified a parole search of the home. United States v. Jackson, 2022 U.S. Dist. LEXIS … Continue reading

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M.D.Fla.: Positive UA is RS for a search of a probationer’s home

A positive UA is reasonable suspicion for a search of a probationer’s home. United States v. Walker, 2022 U.S. Dist. LEXIS 209507 (M.D. Fla. Oct. 17, 2022). “To prevail on a Fourth Amendment claim for false arrest, Johnson must establish … Continue reading

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E.D.Ark.: “Place of residence” for a parole search of an absconder includes a motel room he’s staying in

The “place of residence” for a parole search of an absconder includes a motel room he’s staying in. He also has no standing to challenge a search of a trash can outside the room. United States v. Nichols, 2022 U.S. … Continue reading

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E.D.Va.: Could have seen for plain view isn’t the same as actually seeing

Defendant did not abandon the vehicle he was driving with permission of the owner. When officers asked for consent he said it wasn’t his and it was his “baby mama’s” vehicle. Her permission gave him standing. The court disagrees with … Continue reading

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IL: Smell of burnt mj alone not RS

The smell of burnt cannabis without seeing more is not reasonable suspicion in Illinois. People v. Redmond, 2022 IL App (3d) 210524, 2022 Ill. App. LEXIS 479 (Nov. 15, 2022). On an Anders brief, the inventory search of defendant’s car … Continue reading

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CA6: Carpenter not retroactive and doesn’t support successor habeas

Carpenter doesn’t suffice for a successor habeas. Besides, he’d lose on the merits. “Taylor cannot meet the statutory criteria for filing a second or successive habeas corpus petition. First, he does not rely on any newly discovered evidence. Second, ‘the … Continue reading

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OH1: No exclusionary rule for this alleged statutory violation for lack of notice of a probation search condition

Defendant’s contention the probation department failed to notify him of his search condition was a statutory violation but there is no exclusionary remedy for that. State v. Hayden, 2022-Ohio-3933, 2022 Ohio App. LEXIS 3721 (1st Dist. Nov. 4, 2022). In … Continue reading

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MO: Def’s arrest violated state law but not the 4A, so it was not unreasonable

“This appeal presents the question of whether a police officer necessarily violates the Fourth Amendment when he makes an arrest that is prohibited by state law. Relying upon Virginia v. Moore, 553 U.S. 164, 128 S. Ct. 1598, 170 L. … Continue reading

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PA: State’s statement of issues for review didn’t include the precise issue argued so it’s waived

The state in its statement of issues below addressed probable cause but did not mention inevitable discovery. That amounted to a waiver. “The inevitable discovery doctrine is not a subsidiary issue to a claim of adequate probable cause to support … Continue reading

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OH: Exclusionary rule does not apply to statutory violations, here a parole search

Defendant signed a consent to parole search form, but the statute says it has to be on reasonable grounds. Here, even if the statute was violated, the exclusionary rule applies to constitutional violations, not statutory ones. State v. Campbell, 2022-Ohio-3626, … Continue reading

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FL1: SW cured alleged defect in probation search where roommate wasn’t on probation

Defendant, not on probation, lived with two probationers. POs showed up for a probation search, and when they saw the extent of what they found and had a nonprobationer, they got a search warrant for the rest of the house. … Continue reading

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DC: Gant search incident for open containers did not permit search of a small plastic box

A Gant search incident of a vehicle authorized for open containers of alcohol didn’t permit a more intense search of a plastic “otter box” finding PCP. Smith v. United States, 2022 D.C. App. LEXIS 326 (Sep. 29, 2022). The state … Continue reading

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