{"id":5324,"date":"2011-12-28T18:20:59","date_gmt":"2011-03-22T07:40:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-03-22T07:43:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5324","title":{"rendered":"PA: Probation search conditions require RS and can’t be truly random"},"content":{"rendered":"

Defendant was sentenced to prison followed by probation in the Philadelphia Gun Court, and he was given a condition of random searches of his residence by the court. Under Pennsylvania law, there at least had to be reasonable suspicion for the search. Commonwealth v. Alexander<\/a>, 2011 PA Super 54, 16 A.3d 1152 (2011).*<\/p>\n

Defendant\u2019s Franks challenge to a seizure for forfeiture was unsuccessful because the affidavits as a whole show probable cause. United States v. Dupree, 781 F. Supp. 2d 115 (E.D. N.Y. 2011).*<\/p>\n

Defendant\u2019s original probation term did not include a prohibition on possession of a computer, and that condition was added by a general order of the court to all sex offender probationers. Aside from that condition, defendant\u2019s admission of possession of pornography on his computer was cause for seizing the computer. United States v. Simard, 2011 U.S. Dist. LEXIS 27874 (D. Vt. March 17, 2011).*<\/p>\n

Defendant\u2019s guilty plea specifically waived all his potential challenges to the search and seizure, and his generalized complaint that defense counsel did not work for him was belied by filings in the case sheet alone. Fjerstad v. United States, 2011 U.S. Dist. LEXIS 27944 (W.D. Wash. February 2, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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