SD: Parole officer could authorize search of def’s computer hard drive for child porn

Defendant was on parole for felony DUI when he became a suspect in a child pornography case. His parole officer authorized a search of his computer hard drive for child pornography, and defense counsel wasn’t ineffective for not challenging the lack of a warrant. State v. Carter, 2023 S.D. 67, 2023 S.D. LEXIS 143 (Dec. 28, 2023). [This shows just how sweeping the probation and parole search authority can be.]

Defendant’s car, suspected in a home invasion robbery, was searched by his wife’s consent, and a bank robbery note was found. He said she hardly ever drove it. “Here, both Defendant and his wife had mutual use of the property by virtue of joint access. M.H. purchased the vehicle, was the registered owner and insurance policyholder, made the vehicle’s monthly payments, drove it several times, had access to a spare key, had joint property in the vehicle (a child’s car seat), was the sole person who could retrieve the vehicle after its impoundment, and subsequently sold it.” United States v. Candelaria, 2023 U.S. Dist. LEXIS 231032 (D.N.M. Dec. 28, 2023).*

A license plate frame that partially obscured the state’s name was not an offense, so the stop was invalid. The officer knew it was a Nevada plate by looking at it, and he could run the information. Otherwise, it lends to arbitrary enforcement. McCord v. State, 2023 Nev. LEXIS 50 (Dec. 28, 2023).*

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