{"id":4564,"date":"2011-04-14T08:01:48","date_gmt":"2010-08-20T09:00:57","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-08-20T09:00:57","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4564","title":{"rendered":"NM: Probation officers’ presence was pretext for criminal search"},"content":{"rendered":"

The probationer officer\u2019s presence at the police search was subordinate to a police search and made it unreasonable. State v. Bolin<\/a>, 2010 NMCA 66, 148 N.M. 489, 238 P.3d 363 (2010), Certiorari Denied, No. June 21, 2010, No. 32,416:<\/p>\n

[*18] But for the police seeking Valdez on the outstanding warrant and their investigation, probation officers Guy and Carter never would have appeared at Defendant’s doorstep. No home visit had been scheduled for that day and, once at Defendant’s home, police actively participated in questioning Defendant, not only about Valdez’s whereabouts, but about whether Defendant had herself been dealing drugs. Indeed, as Defendant’s arrest warrant makes clear, police had Defendant in custody and were interrogating her while probation officers conducted the first search. When the probation officers’ search revealed contraband, it was Sergeant Rains, not the probation officers on site, who ordered a halt while he could procure a search warrant.<\/p><\/blockquote>\n

A landlord had an expectation of privacy from a fire marshal\u2019s administrative search, but the case is remanded for a hearing on the scope of the search of a common area. People v. M. Santulli, LLC<\/a>, 2010 NY Slip Op 20328, 2010 N.Y. Misc. LEXIS 3836 (2d Dept. August 10, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4564","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4564","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4564"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4564\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4564"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4564"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4564"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}