{"id":3451,"date":"2011-01-11T17:31:50","date_gmt":"2009-10-19T08:35:14","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-10-19T08:35:14","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=3451","title":{"rendered":"TN: Arbitrary parole searches would be invalid, but this one wasn’t"},"content":{"rendered":"

Tennessee discusses parole and probation searches at length and concludes this one is valid. It also recognizes that arbitrary searches would not be valid. State v. Turner<\/a>, 297 S.W.3d 155 (Tenn. 2009):<\/p>\n

While we agree that these are appropriate factors to consider when reviewing whether a warrantless and suspicionless search of a parolee is unreasonable and therefore unconstitutional, we also recognize that a suspicionless search could be characterized as “arbitrary.” See Black’s Law Dictionary 112 (8th ed. 2004) (“1. Depending on individual discretion ….”). A search of this type is not necessarily unreasonable, however. Therefore, the totality of the circumstances surrounding a warrantless, suspicionless search of a parolee must be examined to determine whether the search is constitutionally unreasonable. For example, a pattern of repetitive searches while the parolee is at work or asleep would be unreasonable. Searches intended to cause the parolee some harm would be unreasonable. A search conducted out of personal animosity would be unreasonable. Indeed, there may be other situations where a warrantless, suspicionless search of a parolee is unreasonable. A suspicionless search of a parolee subject to a warrantless search condition, and which is conducted out of valid law enforcement concerns, is not unreasonable.<\/p><\/blockquote>\n

A NY parole officer could look in defendant\u2019s room when he showed up for a parole search and defendant was disheveled and kind of out of it and a lamp was topped over on the floor which created a fire hazard. United States v. Santalucia, 666 F. Supp. 2d 268 (N.D. N.Y. 2009).*<\/p>\n

Defense counsel withdrew defendant’s motion to suppress. On this record, the court could not consider an IAC claim. Defendant can do that in a 2255. United States v. Cooper<\/a>, 346 Fed. Appx. 962 (4th Cir. 2009) (unpublished).*<\/p>\n

In an administrative DL suspension for DUI in Idaho the driver has the burden of showing that the stop was illegal. Wheeler v. Idaho Transp. Dep’t<\/a>, 148 Idaho 378, 223 P.3d 761 (App. 2009), Released for Publication January 28, 2010, Review denied by Wheeler v. Idaho Transp. Dep’t, 2010 Ida. LEXIS 29 (Idaho, Jan. 26, 2010). (Note: The Fourth Amendment requires the government bear the burden of proof and going forward in a warrantless stop and search. How could they get it so wrong?)<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3451","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3451","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3451"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3451\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3451"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3451"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3451"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}