{"id":32753,"date":"2018-04-23T04:36:09","date_gmt":"2018-04-23T09:36:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32753"},"modified":"2018-04-23T04:36:09","modified_gmt":"2018-04-23T09:36:09","slug":"s-d-n-y-parole-search-was-valid-despite-def-being-in-jail-at-time","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32753","title":{"rendered":"S.D.N.Y.: Parole search was valid despite def being in jail at time"},"content":{"rendered":"<p>Defendant was on parole and allegedly shot at somebody. That justified a parole search of his residence. The fact he was in jail at the time didn\u2019t matter.  United States v. Jaiman, 2018 U.S. Dist. LEXIS 64797 (S.D. N.Y. Apr. 18, 2018). [Caution: This is a plausible conclusion from the opinion, but it&#8217;s not perfectly clear; not that that doesn&#8217;t keep a court from finding it plausible authority in the future.]<\/p>\n<p>The district court erred in summarily dismissing plaintiff\u2019s complaint that officers stopped his car and searched his person without any justification at all. It plausibly stated a claim and discovery will have to proceed. <a href=\"http:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201712741.pdf\">Floyd v. City of Miami Beach<\/a>, 2018 U.S. App. LEXIS 9896 (11th Cir. Apr. 19, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was on parole and allegedly shot at somebody. That justified a parole search of his residence. The fact he was in jail at the time didn\u2019t matter. United States v. Jaiman, 2018 U.S. Dist. LEXIS 64797 (S.D. N.Y. Apr. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=32753\">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":[45,58],"tags":[],"class_list":["post-32753","post","type-post","status-publish","format-standard","hentry","category-45","category-probationparole-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32753","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=32753"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32753\/revisions"}],"predecessor-version":[{"id":32754,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32753\/revisions\/32754"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32753"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32753"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32753"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}