AR: Knock-and-announce applies to parole searches, but Hudson adopted and exclusionary rule doesn’t apply

The knock-and-announce rule applies to parole searches, and violation of the rule is a substantial violation of the Fourth Amendment and the state constitution. The court adopts Hudson, however, and finds that the exclusionary rule should not be applied. Lane v. State, 2017 Ark. 34, 2017 Ark. LEXIS 33 (Feb. 16, 2017) (4-3, with the dissenters not even willing to say that the Fourth Amendment applies to parolees at all).

The State Police obtained a search warrant for defendant’s arrest for FIPF after a menacing claim. They didn’t even need it because defendant was on parole and his parole officer was there, too. United States v. Harris, 2017 U.S. Dist. LEXIS 19136 (E.D. Ky. Feb. 10, 2017).* [The motion to suppress was filed the Friday before Monday’s start of trial. Why waste time on that motion and not be preparing for trial?]

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