S.D.Ind.: Parole-probation searches are governed by 4A reasonableness but shaped by state law limiting them

The probation or parole search law and reasonableness is a Fourth Amendment question but it’s shaped by state law on how those searches are permitted as a condition of release. This one was reasonable. United States v. Beechler, 2021 U.S. Dist. LEXIS 98635 (S.D. Ind. May 25, 2021).

Defendant’s traffic violation was justification for his stop. He wasn’t seized, however, until after he crashed his car in flight. State v. Ganaway, 2021 Mo. App. LEXIS 567 (May 25, 2021).

“The totality of the circumstances shown by the facts stated in the search warrant affidavit provided a substantial basis for the magistrate to conclude there was a fair probability heroin would be found in Soto’s residence. Both an informant and police surveillance established Soto and Maldonado were dealing heroin from vehicles. Soto and Maldonado were observed on multiple occasions leaving the residence, getting into one of the several vehicles listed in the affidavit, and driving to a location where they made a ‘drop.’ Officers confirmed [with] … controlled buys and by contacting the other party to the transaction after observing a drop. Soto took steps to conceal where he lived, and he lied to officers about his address when he was arrested. The magistrate could have reasonably inferred from these facts that it was fairly probable Soto kept heroin in his residence. Under our highly deferential review, we hold the facts provided in the search warrant affidavit, along with the reasonable inferences that could be drawn from them, were sufficient to establish probable cause.” Soto v. State, 2021 Tex. App. LEXIS 4095 (Tex. App. – Austin May 26, 2021).*

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