{"id":9478,"date":"2013-09-21T17:08:16","date_gmt":"2013-09-21T17:08:16","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-09-21T17:08:16","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=9478","title":{"rendered":"ID: Arrest of parole violator did not end PO’s ability to search his place"},"content":{"rendered":"

Defendant\u2019s arrest on a PV warrant did not terminate his parole agreement and make it so he could not have his apartment searched under the parole agreement that he was subject to searches. His liberty was terminated, but not his parole supervision. State v. Ellis<\/a>, 2013 Ida. App. LEXIS 74 (September 19, 2013):<\/p>\n

<\/p>\n

There is no Idaho statute that governs the termination of the parole agreement. Idaho Code \u00a7 20-228 explains that the issuance of an arrest warrant suspends a person’s parole. Parole is defined as “[r]elease from jail, prison or other confinement after actually serving part of sentence.” BLACK’S LAW DICTIONARY 1116 (6th ed. 1990). Accordingly, the suspension of “parole,” as explained in I.C. \u00a7 20-228, is the suspension of the parolee’s liberty and physical freedom from incarceration. The next sentence in the statute clarifies this meaning, as it states that a “parolee shall be considered a fugitive from justice” until arrest. The statute does not say that all court orders pertaining to the conditions of parole are also suspended, but only refers to the parolee’s liberty.<\/p>\n

Further, if we were to adopt Ellis’s view of the statute–that the issuance of a warrant suspends the parole agreement–a parolee would be allowed to unilaterally suspend his parole agreement by committing a wrongful act, and then would be able to commit further parole violations with impunity. The statute does not expressly provide for the parole agreement to be of no effect upon the issuance of a warrant or incarceration, pending revocation proceedings.<\/p>\n

Although there is no Idaho case law on point, this reading of the statute is consistent with federal case law. The United States Supreme Court upheld a Wisconsin statute that allowed the warrantless search of a parolee’s residence after the parolee’s arrest. Griffin v. Wisconsin, 483 U.S. 868 (1987). In that case, the United States Supreme Court explained that probation requirements serve the goal of “genuine rehabilitation” and ensure that the “community is not harmed by the probationer’s being at large.” Id. at 875. Therefore, the Court determined that Wisconsin’s statute fell within the “special needs” exception to the warrant requirement. Id. at 875-76. Thus, Wisconsin’s statute allowing searches of parolees after incarceration was valid.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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