Category Archives: Probation / Parole search

W.D.Mo.: ER’s security staff conducts private searches of GSW victims

Defendant showed at a hospital ER with a gunshot wound. Hospital policy was for its security staff to search GSW patients’ clothing for staff safety. This was a private search, and it produced ammunition from a convicted felon. United States … Continue reading

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IL: ER blood draw was private search, and results were obtainable by process

Defendant’s ER blood draw after he was admitted for an accident was by a private actor, and the results are obtainable by the state and admissible. People v. Mueller, 2021 IL App (2d) 190868, 2021 Ill. App. LEXIS 227 (May … Continue reading

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MA: Where state CSLI rule was retroactive, obtaining def’s here was harmless error

Defendant’s CSLI was obtained in 2011 in violation of the state constitution [well before Carpenter and state cases]. It is retroactive in this state. But, all things considered, it was harmless byond a reasonable doubt. Commonwealth v. Gumkowski, 2021 Mass. … Continue reading

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KS: 24 minute wait for drug dog with RS wasn’t unreasonable

A wait of 24 minutes for the drug dog to arrive after reasonable suspicion developed was reasonable and not excessive. State v. Arrizabalaga, 2021 Kan. LEXIS 50 (Apr. 30, 2021). The Border Patrol request to local police to stop defendant … Continue reading

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FL1: Def’s setting up date via cell phone app where he sexually battered victim led to PC for SW for his cell phone

Defendant’s victim claimed to the police she was met through a phone app, sexually battered, and robbed. She identified defendant by his truck. “This information would have been enough to obtain a search warrant of Ferguson’s cell phones, even without … Continue reading

Posted in Cell phones, Ineffective assistance, Probable cause, Probation / Parole search, Reasonable suspicion, Rule 41(g) / Return of property | Comments Off on FL1: Def’s setting up date via cell phone app where he sexually battered victim led to PC for SW for his cell phone

MI: Anonymous tip for def’s stop was uncorroborated and unreasonable

The officer stopping defendant’s vehicle lacked reasonable suspicion that defendant was engaged in criminal activity based on an anonymous tip. Even assuming that the tipster was reliable led only to the conclusion that defendant appeared to be obnoxious and was … Continue reading

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CA9: Inaccuracies in SW’s place to be searched didn’t misdirect officers; QI applies

The inaccuracies in the search warrant the officer sought weren’t enough to misidentify the place to be searched. Therefore, defendants didn’t violate clearly established law. Hill v. County of Benewah, 2021 U.S. App. LEXIS 10781 (9th Cir. Apr. 15, 2021).* … Continue reading

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M.D.Tenn.: Def failed to show parole search was unreasonble

This parole search wasn’t shown to be unreasonable. “As discussed in the above cited case law, there is a significant government interest in combating recidivism and thwarting illegal drug activity by parolees. Defendant has failed to point to any direct … Continue reading

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CO: POs reasonably believed def parolee consented to broad search of apt, including boyfriend’s stuff

Defendant’s girlfriend was on parole, and the parole officers came to the house for a search. The parole officers reasonably believed that she had apparent authority to consent to a search of the premises. She believed she was moving there, … Continue reading

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S.D.N.Y.: Parolee’s curfew violation justified parole search

A stop and search of a parolee for a curfew violation was reasonable. United States v. Joseph, 2021 U.S. Dist. LEXIS 32456 (S.D. N.Y. Feb. 22, 2021). Officers entered with an arrest warrant and later followed up with a search … Continue reading

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AR: Reasonableness of a probation search has to be presented to revocation court first

Defendant didn’t argue in the revocation court that the probation search was unreasonable, so it can’t be argued on appeal. Mathis v. State, 2021 Ark. App. 49, 2021 Ark. App. LEXIS 57 (Feb. 3, 2021). Defendant was on release and … Continue reading

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CA7: Computer search condition was not related to crime of conviction and was thus unreasonable

Defendant’s computer search release condition had no rational relationship to the crime. He was not a sex offender and there was no computer link to his crimes. United States v. Morgan, 2021 U.S. App. LEXIS 2972 (7th Cir. Feb. 3, … Continue reading

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N.D.Ohio: Reasonableness of a parole search can include considering def’s criminal record

Knights on parole and probation searches is a reasonableness on the totality test, and this measures up. Defendant’s criminal record is a relevant factor for the officers to consider. United States v. Sharp, 2021 U.S. Dist. LEXIS 18768 (N.D. Ohio … Continue reading

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NC: State statute on parole searches didn’t permit search of home, just the person

State statute authorized searches of the person or parolees, not places, and the search here exceeded the authority granted by statute, applying Samson v. California. State v. McCants, 2020 N.C. App. LEXIS 969 (Dec. 31, 2020). The search warrant was … Continue reading

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CA9: Putting key in a car door to locate right car violates Jones and Jardines

Prior case law on inserting a key in a car door is not a search is contrary to Jones and Jardines. As a parole search, however, it can be reasonable if the car is connected to the parolee. United States … Continue reading

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D.Neb.: Knights eliminated stalking horse theory of police using POs to conduct searches

Knights eliminated the stalking horse theory of police using POs to conduct searches because they can, too. United States v. Brun, 2020 U.S. Dist. LEXIS 239791 (D. Neb. Dec. 21, 2020). There was reasonable suspicion for defendant’s stop from a … Continue reading

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OH7: Drug testing of drug def after conviction but before sentencing was reasonable

A court ordered drug test after conviction but before sentencing was reasonable because it factors into sentence. State v. Fisher, 2020-Ohio-6829, 2020 Ohio App. LEXIS 4672 (7th Dist. Nov. 7, 2020). Defendant, convicted of child pornography, had a release condition … Continue reading

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DE: Actual presence of accused not required for suppression hearing and video appearance constitutional

A virtual suppression hearing that was a mixed question of law and fact didn’t require the actual presence of the accused under the Sixth Amendment’s confrontation clause, following United States v. Rosenschein, 2020 U.S. Dist. LEXIS 129889 (D.N.M. July 23, … Continue reading

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NY3: CI showed PC; GPS warrant corroborated the CI

The CI appeared and testified to the probable cause. A separate search warrant for GPS tracking corroborated the CI. People v. Jackson, 2020 NY Slip Op 07251, 2020 N.Y. App. Div. LEXIS 7450 (3d Dept. Dec. 3, 2020). The CI … Continue reading

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MA: Home confinement and GPS monitoring as a condition of release pending sentencing was reasonable

Home confinement after conviction but pending a motion for new trial was not an unreasonable seizure. It was discretionary on conviction. GPS monitoring as well was a search under Grady, but, on a balancing of interests, it was reasonable on … Continue reading

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