ID: Probationer’s borrowed car is subject to search without warrant

A probationer’s car is subject to search even it if is a borrowed car. State v. Adams, 146 Idaho 162, 191 P.3d 240 (App. 2008):

If Adams’ probation officer were required to obtain a warrant to conduct a search of any vehicle other than Adams’ registered vehicle, Adams would be able to evade close supervision by only driving someone else’s car when engaged in elicit activity or registering a car in someone else’s name for that purpose. Allowing Adams and other probationers to play this shell game with probation officers would defeat the state’s substantial interest in closely monitoring probationers. See Cruz, 144 Idaho at 910, 174 P.3d at 880. We hold that Adams was entitled to no greater Fourth Amendment protections in his girlfriend’s vehicle than he would have received in his own car. Because a search supported by a reasonable suspicion of possible probation violations would have been upheld had it occurred in Adams’ own vehicle, Adams cannot obtain suppression of the items seized in his girlfriend’s vehicle. See id. at 910, 174 P.3d at 880. In sum, Adams’ Fourth Amendment rights were not violated because the government’s substantial interest in supervising probationers outweighs Adams’ significantly diminished expectation of privacy in his girlfriend’s vehicle.

State officer’s stop outside his jurisdiction was apparently valid under Missouri law, and, even if it was not, it was valid under Moore. The consent was obtained here shortly after the stop so there is no issue about prolonging the stop. United States v. Benitez, 2008 U.S. App. LEXIS 14906 (8th Cir. July 15, 2008).*