MA: State const. gives probationers more rights than parolees; parolee house search may occur on RS

“We conclude that art. 14 offers greater protection to parolees than does the Fourth Amendment. Article 14 does not, however, offer as much protection to parolees as it affords to probationers. Therefore, where a parole officer has reasonable suspicion to believe that there is evidence in the parolee’s home that the parolee has violated, or is about to violate, a condition of his parole, such suspicion is sufficient to justify a warrantless search of the home. Because we also agree with the motion judge’s finding, not contested on appeal by the defendant, that the officer had reasonable suspicion that a search of the defendant’s home would produce evidence of a parole violation, we vacate the allowance of the defendant’s motion to suppress the evidence.” Commonwealth v. Moore, 2016 Mass. LEXIS 7 (Jan. 11, 2016).

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