ID: 4A waiver not mentioned at sentencing couldn’t later be imposed by PO

When defendant was sentenced, there was no Fourth Amendment waiver mentioned by the court, and the sentencing and probation order didn’t mention it. Six weeks later, he was forced to sign a Fourth Amendment waiver by his PO. That waiver was without legal effect. Nevertheless, defendant’s admissions to his PO about alcohol and marijuana use were reasonable suspicion for a separate probation search. State v. Santana, 2017 Ida. App. LEXIS 27 (March 6, 2017).