KS: Statute on parole searches governs over the parole conditions where statute requires RS

Statute says that parolees are subject to search on reasonable suspicion but the parole conditions have no such restriction. While Samson authorizes parole searches without reasonable suspicion, the legislature made that determination, and the parole condition violates the statute. Reasonable suspicion is required. State v. Toliver, 2016 Kan. App. LEXIS 5 (Jan. 29, 2016).

Defense counsel did not provide IAC. Defendant admitted he had marijuana so where’s the prejudice in not showing him the lab report? Also, the search was good, so there was no point in contesting that. Not talking about trial strategy in a simple case where defendant pled is not IAC. Bernard v. State, 2015 Tenn. Crim. App. LEXIS 1064 (Jan. 28, 2016).*

This entry was posted in Probation / Parole search. Bookmark the permalink.

Comments are closed.