Category Archives: Probation / Parole search

NC: Warrant not needed to access data from GPS for post-conviction supervision

The data generated from the GPS attached to defendant as part of his post-conviction supervision can be accessed by law enforcement without a warrant. State v. Thomas, 2024 N.C. App. LEXIS 687 (Sep. 3, 2024). The Tenth Circuit has made … Continue reading

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TX7: Failure to follow inventory procedures at all required suppression

The inventory policy here wasn’t followed to remove valuables and let defendant keep them. Instead it appears to be a criminal evidentiary search and stopped when finding a gun and running the serial number and asking if defendant was a … Continue reading

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CA10: Failure to mention search condition for supervised release at sentencing cured by it being in judgment

At sentencing, defendant was told that the “standard conditions apply,” and being subjected to warrantless searches was not mentioned. It was, however, in the judgment, and that’s notice enough. United States v. Martin, 2024 U.S. App. LEXIS 22091 (10th Cir. … Continue reading

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OR: Def’s removing a vehicle from impound lot subject to SW supported tampering charge even if the initial seizure was invalid

After a stop, defendant’s truck was seized and he was told that a search warrant would be sought for it. In the impound lot at 3 and 5 am, defendant showed up in the impound lot and was seen on … Continue reading

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OH10: Mental health facilities are heavily regulated and consent to administrative searches

Residential mental health facilities are heavily regulated and consented to inspections as a condition of licensing. My Friend’s Place in Unity v. Ohio Dep’t of Mental Health, 2024-Ohio-3257, 2024 Ohio App. LEXIS 3067 (10th Dist. Aug. 27, 2024). Plaintiff’s Fourth … Continue reading

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CAAF: Remote erasure of seized cell phone supported tampering conviction

Defendant’s conviction for interfering with a seizure under UCMJ 131e is affirmed. NIS had seized the phone but not yet put it in a Faraday bag to protect it when she remotely erased it. United States v. Strong, 2024 CAAF … Continue reading

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NJ: Defense gets discovery of drug dog’s records

Defendant was entitled to discovery of the drug dog’s records to determine the dog’s reliability. State v. Morgan, 2024 N.J. Super. LEXIS 88 (Aug. 21, 2024). Suspicionless supervised release searches are reasonable when applied to child porn offenders. United States … Continue reading

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CA4: GPS monitoring for first six months of supervised release was not abuse of discretion [subtext: seems reasonable]

Six months of GPS monitoring of defendant on supervised release was tailored to him and not an abuse of discretion. It was a burden, but those on supervised release have far diminished expectations of privacy. United States v. Ellis, 2024 … Continue reading

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CA9: Ptf’s protestations of innocence at arrest doesn’t undermine this arrest warrant

“Farber’s § 1983 claims also fail because she has not shown an underlying constitutional violation. Her arrest did not violate the Fourth Amendment because the arresting officers ‘had a good faith, reasonable belief that [Farber] was the subject of the … Continue reading

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CA8: “Reasonable grounds” in defendant’s probation search agreement means reasonable suspicion

“Reasonable grounds” in defendant’s probation search agreement means reasonable suspicion. United States v. Gaston, 2024 U.S. App. LEXIS 18600 (8th Cir. July 29, 2024). The company here orally consented to an administrative search for a workplace violation. While the notice … Continue reading

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S.D.N.Y.: Cell phone SW was “bare bones” on connection to the crime; no PC, no GFE

In this racketeering case, defendant admitted for purposes of the motion to suppress he was in the gang and that people engaged in violent acts. The government never showed probable cause to believe his cell phone had evidence of a … Continue reading

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CA11: RS existed on the totality of the stop even though the officer did not intend to issue a traffic ticket

Reasonable suspicion developed to continue the stop even though the officer didn’t intend to issue a traffic ticket. United States v. Martinez, 2024 U.S. App. LEXIS 17675 (11th Cir. July 18, 2024). 2255 petitioner’s ineffective assistance of counsel claim that … Continue reading

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CA2: Failure to object at sentencing to a suspicionless search condition was waiver

Failure to object at sentencing to a suspicionless search condition was waiver. United States v. Nash, 2024 U.S. App. LEXIS 16547 (2d Cir. July 8, 2024). Defendant had a hearing on a motion to suppress that went undecided when he … Continue reading

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CA3 en banc: Driving to controlled buys from house gave PC for house

Controlled buys that defendant drove to still gave probable cause for search of his house. The probable cause bar isn’t that high. United States v. Sanders, 2024 U.S. App. LEXIS 15832 (6th Cir. June 28, 2024) (en banc) (an unnecessarily … Continue reading

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CA11: Cotenant’s knowledge of their cotenant being on probation enough to search them, too

“The Supreme Court has said that a warrantless search of a probationer’s home, supported by reasonable suspicion of criminal activity and authorized by a probation condition, is reasonable under the Fourth Amendment. See United States v. Knights, 534 U.S. 112, … Continue reading

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S.D.Miss.: Drug SW permitted search of a safe even though not specified

This drug search warrant didn’t mention a safe, but that was a place where they could be found, so the search was proper. Also, the good faith exception applies. United States v. Manning, 2024 U.S. Dist. LEXIS 109676 (S.D. Miss. … Continue reading

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CO: When IP address is the PC for a building, SW permits search of whole building

“This case concerns whether a search for Internet-related evidence that extended to a previously unknown basement apartment was reasonable, even though the apartment was not specified in the warrant. The supreme court holds that 1) the warrant’s reference to the … Continue reading

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OH2: Home safe could be searched under probation search waiver

The probation search of defendant’s home safe was reasonable under Knights, Griffin, and state law. State v. Apple, 2024-Ohio-2286, 2024 Ohio App. LEXIS 2166 (2d Dist. June 14, 2024). There was reasonable suspicion to stop defendant in a car, and … Continue reading

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CA3: Failure to provide a complete list of all that was seized under a warrant wasn’t justification for suppression

Failure to provide a complete list of all that was seized under a warrant wasn’t justification for suppression. United States v. Jackson, 2024 U.S. App. LEXIS 13913 (3d Cir. June 7, 2024). The dashcam video supported the claim defendant was … Continue reading

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D.Minn.: Parole cell phone search under MN law was reasonable under 4A

Defendant’s parole cell phone search under Minnesota law was reasonable under the Fourth Amendment. United States v. Guevara, 2024 U.S. Dist. LEXIS 100403 (D. Minn. June 6, 2024). Driving one’s car to controlled buys gives probable cause for the vehicle. … Continue reading

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