AZ: A probation or parole search must be reasonable under the totality of circumstances; reasonable suspicion not required

A probation or parole search must be reasonable under the totality of circumstances, and the trial court erred in requiring reasonable suspicion. State v. Adair, 2015 Ariz. App. LEXIS 179 (September 3, 2015):

P21 Assessing whether conduct is reasonable under the totality of the circumstances is not a formulaic task. Although not providing definitive elements or factors, and recognizing resolution of the issue depends upon the specific facts of a given case, caselaw does provide some guidance for making that assessment. The target of the search must be a known probationer subject to a valid, enforceable probation condition allowing a warrantless search. The search must be conducted by a probation officer in a proper manner and for the proper purpose of determining whether the probationer was complying with probation obligations. See Turner, 142 Ariz. at 143, 688 P.2d at 1035. And the search must not be arbitrary, capricious or harassing. See King 736 F.3d at 810; cf. Ariz. R. Crim. P. 27.3 cmt. (noting provision governing modification and clarification of probation “is included to protect the probationer from arbitrary conditions or regulations”).