CA8: PC parolee home is required for a parole search

Probable cause, not reasonable suspicion, is required for belief the parolee is at his residence for a parole search. Surveys conflicting authorities, even from the same district court. United States v. Thabit, 2023 U.S. App. LEXIS 169 (8th Cir. Jan. 5, 2023).

“During their testimonies, the officers did not articulate enough to demonstrate that they could meet the reasonable-suspicion burden. ‘[P]olice are not entitled, under the guise of Terry, to stop a person simply for being in the vicinity of a suspected crime.’ Gallinger, 227 F. Supp. 3d at 1169 (citing Terry, 392 U.S. at 29; Wardlow, 528 U.S. at 119). ‘Something more is necessary to raise suspicion that a person is the one engaged in wrongdoing. The [o]fficer must have “a particularized and objective basis for suspecting the particular person stopped of criminal activity.”’ Id. (quoting Navarette v. California, 572 U.S. 393, 396-97 (2014). I find that particularized and objective basis lacking here.” United States v. Garcia, 2023 U.S. Dist. LEXIS 903 (D. Nev. Jan. 3, 2023).*

Defense counsel’s letter to the prosecutor that there was no search warrant application in the discovery and requesting it was sufficient to trigger reciprocal discovery. Motion to dismiss for lack of speedy trial denied. State v. Runner, 2022-Ohio-4756, 2022 Ohio App. LEXIS 4483 (7th Dist. Dec. 19, 2022).*

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