{"id":14328,"date":"2014-11-22T10:24:32","date_gmt":"2014-11-22T15:24:32","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=14328"},"modified":"2014-11-22T11:48:22","modified_gmt":"2014-11-22T16:48:22","slug":"wa-probation-search-of-ipod-without-rs-was-unconstitutional","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=14328","title":{"rendered":"WA: Probation search of iPod without RS was unconstitutional"},"content":{"rendered":"<p>A probation search of an iPod without a warrant was improper under state law. The statute doesn\u2019t help the court, but the department\u2019s rules do, and they limit searches to a potential offense being investigated and this was not. Thus, such a broad search power of electronic devices violates the state constitution. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/index.cfm?fa=opinions.showOpinion&#038;filename=313085MAJ\">State v. Jardinez<\/a>, 2014 Wash. App. LEXIS 2692 (November 18, 2014). [I personally think the result should be the same under the Fourth Amendment, considering the policy considerations of Riley.]<\/p>\n<p>Defendant violated a parole condition of no driving by getting in a car and driving away from the parole office. This parole violation did not grant carte blanche to conduct a parole search of the car. United States v. Jackson, 2014 U.S. Dist. LEXIS 162700 (M.D. Pa. November 20, 2014).<\/p>\n<p>The police made two warrantless entries into one defendant\u2019s hotel room: one for a protective sweep and one to watch him remove his belongings. A search warrant was obtained on other information, and there was no evidence of a search in the prior entries. Therefore, the search warrant is based on an independent source. United States v. Kenniston, 2014 U.S. Dist. LEXIS 162590 (D. Nev. November 20, 2014).*<\/p>\n<p>There was probable cause for the issuance of the arrest warrant for defendant, and the search of his car was with probable cause because of a dog alert. <a href=\"http:\/\/www.la2nd.org\/archives\/docs\/293aaf.pdf\">State v. Smith<\/a>, 2014 La. App. LEXIS 2747 (La.App. 2 Cir. November 19, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A probation search of an iPod without a warrant was improper under state law. The statute doesn\u2019t help the court, but the department\u2019s rules do, and they limit searches to a potential offense being investigated and this was not. Thus, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=14328\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,5,60,20],"tags":[],"class_list":["post-14328","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-cell-phones","category-independent-source","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14328","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=14328"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14328\/revisions"}],"predecessor-version":[{"id":14337,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14328\/revisions\/14337"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14328"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14328"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14328"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}