S.D.Cal.: Probation search waiver can’t be relied on when officers didn’t know about it at time of search

In a civil case relying on a probation search, “‘[a] Fourth Amendment search waiver cannot provide a justification for a search of a probationer where the officers were unaware of the waiver before they undertook the search.’ United States v. Job, 851 F.3d 889, 896 (9th Cir. 2017). Plaintiff has not alleged any facts about Defendants’ knowledge of his waiver before the search. Therefore, the Court cannot conclude that the searches were reasonable as a matter of law solely on the basis of Mr. Edwards’s Fourth Amendment search waiver.” Edwards v. Miracosta College, 2017 U.S. Dist. LEXIS 95992 (S.D. Cal. June 20, 2017).

Lack of findings for lifetime satellite based monitoring of defendant required reversal, so the Grady v. North Carolina issue isn’t reached. State v. Dye, 2017 N.C. App. LEXIS 458 (June 20, 2017).*

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