Category Archives: Probation / Parole search

CA8: Drugs on person admissible under 404(b) despite being outside indictment

Drugs on defendant’s person at the time of arrest were admissible under 404(b) despite being outside the time of the indictment. United States v. Hodo, 2025 U.S. App. LEXIS 1796 (8th Cir. Jan. 28, 2025). Defendant was on supervised release … Continue reading

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GA: SW for blood BAC doesn’t also allow search for drugs

A search warrant for blood BAC doesn’t also allow search for drugs. State v. Johnson, 2025 Ga. App. LEXIS 18 (Jan. 28, 2025). Defendant was on supervised release and the search of his cell phone producing child pornography was reasonable. … Continue reading

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D.Mont.: Search incident doctrine didn’t apply where car was searched when def was transported to ER

Officers lacked reasonable suspicion for a probation search of defendant’s vehicle. In addition, its search couldn’t be justified by search incident when he was already transported to the hospital before the search occurred. United States v. Heafner, 2025 U.S. Dist. … Continue reading

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CA3: Conviction for threats by internet justified supervised release condition of computer monitoring

Where defendant was convicted of making threats over the internet to a Congressman, a two year computer monitoring condition was reasonable and did not violate the First and Fourth Amendment. United States v. Hall, 2025 U.S. App. LEXIS 1109 (3d … Continue reading

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D.Ariz.: USPO can turn phone seized in supervised release over to FBI

It was not improper for the PO to turn defendant’s phone over to the FBI to search it when it was already lawfully seized. “This is not a stalking horse case.” The delay was not unreasonable. United States v. Fuller, … Continue reading

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AR: “[T]he exclusionary rule—absent a showing of bad faith—does not apply in a revocation hearing.”

“[T]he exclusionary rule—absent a showing of bad faith—does not apply in a revocation hearing.” Wallace v. State, 2025 Ark. App. 19 (Jan. 15, 2025). An officer on patrol in a motel parking lot saw defendant’s car. They drove past each … Continue reading

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DE: Probation searches of individuals include their residence

The statute on individuals subject to probation searches includes their residences. State v. Crooks, 2024 Del. Super. LEXIS 830 (Dec. 31, 2024). There were exigent circumstances based on the reported gunshot, potential threat to officers and public safety, and the … Continue reading

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CA10: Parole supervisor could conduct parole search

The fact a parole supervisor conducted the parole search and not a “parole officer” doesn’t make the parole search unreasonable. United States v. Barron, 2025 U.S. App. LEXIS 258 (10th Cir. Jan. 7, 2025). Plaintiff’s First Amended Complaint is more … Continue reading

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IA: Federal supervised release search standards apply when leading to state prosecution

Conflict of laws: Where defendant’s supervised release search was by federal officers, federal law controls in state court, not state law. State v. Young, 2024 Iowa Sup. LEXIS 106 (Dec. 20, 2024). A motion to reconsider denial of a Fourth … Continue reading

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MT: Cell phone probation search condition based on generalizations of cell phones and crime was unreasonable

This cell phone probation search condition based on generalizations of cell phones and crime was unreasonable. State v. LeDeau, 2024 MT 305 (Dec. 17, 2024). Plaintiff makes numerous claims against a city short term rental ordinance, including a Fourth Amendment … Continue reading

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DE: PO’s failure to comply with juvenile probation search regulations on parental involvement justified suppression

The state’s policy on parental involvement in juvenile probation searches wasn’t complied with, and the juvenile’s home search is suppressed. The state’s assertion of exigency is rejected. Sharp v. State, 2024 Del. LEXIS 412 (Dec. 16, 2024). The court won’t … Continue reading

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VI: GPS monitoring for pretrial release can be reasonable; here it was consented to as well

The VI code and rules of criminal procedure provide for electronic monitoring as a condition of pretrial release. GPS tracking is a search and involves a person’s reasonable expectation of privacy and would be reasonable if justified. Here it was … Continue reading

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ID: City ordinance on trash collection did not create a REP in trash from police taking it

City ordinance on trash collection did not create a reasonable expectation of privacy in trash from police taking it for investigative purposes. State v. Pulizzi, 2024 Ida. LEXIS 132 (Nov. 29, 2024). The probation officer had a wealth of reasonable … Continue reading

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CA8: Pro se def’s standby counsel not ineffective at suppression hearing; not counsel’s role

Defendant chose to go pro se at the suppression hearing, grudgingly accepting standby counsel. After the motion to suppress was denied, he claimed ineffective assistance by standby counsel for not doing more. But that’s not standby counsel’s role. United States … Continue reading

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D.Mass.: Gun suppressed in FIPF case still not excludable in violation of supervised release

Defendant was an alleged felon in possession and was charged with a new federal crime and a violation of his supervised release. He was sentenced to 22 months on the violation. The gun was suppressed in the new gun case … Continue reading

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CA6: Defense counsel not ineffective for not forecasting Carpenter three years early

Defense counsel wasn’t ineffective for not forecasting Carpenter years before it was decided. Cooper v. United States, 2024 U.S. App. LEXIS 29853 (6th Cir. Nov. 22, 2024).* Defendant was on parole for a child exploitation offense, and he was polygraphed … Continue reading

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OH1: Smoking MJ in public and jaywalking was RS for a patdown

“Mr. King challenges the foundation for the Terry stop, emphasizing that smoking marijuana in public and jaywalking are not arrestable offenses. True enough, but officers can issue tickets for both offenses. Cincinnati Mun.Code § 506-46 and 512-1; R.C. 3780.99(B). And … Continue reading

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NM: Trial courts can raise search issues on their own

A trial judge in New Mexico noticed that there were an unusual number of suspect warrantless searches going unchallenged by the defense. She set suppression hearings and several cases were nolle prossed. A few survived to be heard. On certification … Continue reading

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W.D.Mo.: Judge actually participating in seizure denied absolute immunity

A state judge is denied absolute immunity for allegedly participating in a seizure in the courthouse rather than just ordering it. Rockett ex rel. His Minor Children v. Eighmy, 2024 U.S. Dist. LEXIS 205918 (W.D. Mo. Nov. 13, 2024). A … Continue reading

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D.D.C.: Seizure of def’s car keys from his friend was without PC

“The seizure of the keys from Williams’s friend was unlawful because the officers did not have probable cause to believe that the keys were evidence of a crime and the plain view doctrine did not apply.” Motion to suppress granted … Continue reading

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