WI: Probation condition against possession of a computer gives the PO power to search one found

Defendant had arson and sex offender convictions, and a term of probation was no computers without approval. They found a computer with live modems at his house, and he denied that the big computer worked, but he had a laptop. “When a condition of probation prohibits the possession of an item, and the probationer knowingly breaks that condition, ‘in most situations’ a probation agent would ‘presumably’ have ‘reasonable grounds’ to search the contents of the item. Purtell, 358 Wis. 2d 212, ¶30. Moreover, given Keller’s possession and admitted use of a computer at the house in violation of the probationary rules, his prior conviction for possession of child pornography provided reasonable grounds to search the contents for further illegal use of the computer in violation of the rules.” State v. Keller, 2017 Wisc. App. LEXIS 80 (Feb. 8, 2017).

Parolee’s house search was justified on credible information from an FBI informant passed on to parole services that defendant had cocaine in his house. People v. Sapp, 2017 NY Slip Op 01104, 2017 N.Y. App. Div. LEXIS 1098 (4th Dept. Feb. 10, 2017).*

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