E.D.N.C.: Where probation search didn’t comply with state RS requirement, federal court suppresses it

The state probation search of defendant’s premises did not comply with the state statute requiring reasonable suspicion, so the court does not consider the constitutionality of the search. The search was not for supervision purposes because his supervising officer did not receive any tip that defendant was in violation of probation and there was no particularized reason to search his residence other than his prior record and gang validation. United States v. Clark, 2017 U.S. Dist. LEXIS 113197 (E.D. N.C. June 20, 2017), adopted, 2017 U.S. Dist. LEXIS 112774 (E.D. N.C. July 20, 2017).

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