{"id":37027,"date":"2019-03-31T00:03:26","date_gmt":"2019-03-31T05:03:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=37027"},"modified":"2019-03-30T16:05:27","modified_gmt":"2019-03-30T21:05:27","slug":"ma-scope-of-probation-search-wasnt-justified-by-the-rs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=37027","title":{"rendered":"MA: Scope of probation search wasn&#8217;t justified by the RS"},"content":{"rendered":"<p>The probation search of defendant\u2019s bedroom wasn\u2019t justified by the reasonable suspicion that authorized it. \u201cThe Commonwealth&#8217;s contention that Valenti&#8217;s entry into the bedroom was justified as a protective sweep is equally unavailing.\u201d Special needs didn\u2019t work for the state here either because the state didn\u2019t put on anything to justify it. <a href=\"https:\/\/www.mass.gov\/files\/documents\/2019\/03\/28\/17P1262.pdf\">Commonwealth v. Judge<\/a>, 2019 Mass. App. LEXIS 37 (Mar. 28, 2019).<\/p>\n<p>The court recounts the detail of the CI\u2019s information and the fact it was against penal interest and concludes that there was probable cause. Defendant statement for the first time on appeal that the informants were liars wasn\u2019t submitted to the district court and wasn\u2019t decided by it [and isn\u2019t a Franks issue anyway]. It was thus waived. Furthermore, the motion in the trial court wasn\u2019t timely and could have been rejected for that because there was no justification shown for the late suppression motion to permit a later filing. <a href=\"https:\/\/documents.courts.state.wy.us\/Opinions\/Mathewson%20S-18-0026.pdf\">Mathewson v. State<\/a>, 2019 WY 36,  2019 Wyo. LEXIS 36  (Mar. 27, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The probation search of defendant\u2019s bedroom wasn\u2019t justified by the reasonable suspicion that authorized it. \u201cThe Commonwealth&#8217;s contention that Valenti&#8217;s entry into the bedroom was justified as a protective sweep is equally unavailing.\u201d Special needs didn\u2019t work for the state &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=37027\">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":[44,58],"tags":[],"class_list":["post-37027","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-probationparole-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37027","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=37027"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37027\/revisions"}],"predecessor-version":[{"id":37028,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37027\/revisions\/37028"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37027"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37027"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37027"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}