{"id":39004,"date":"2019-08-09T08:09:54","date_gmt":"2019-08-09T13:09:54","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39004"},"modified":"2019-08-09T08:09:54","modified_gmt":"2019-08-09T13:09:54","slug":"s-d-ga-suspicionless-probation-search-condition-doesnt-need-to-be-part-of-the-sentencing-order-to-be-valid","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39004","title":{"rendered":"S.D.Ga.: Suspicionless probation search condition doesn’t need to be part of the sentencing order to be valid"},"content":{"rendered":"

Defendant was properly subject to a suspicionless state probation condition. He had no right to have it announced in court as a part of the sentence. It occurs by operation of law. United States v. Linder, 2019 U.S. Dist. LEXIS 130702 (S.D. Ga. June 21, 2019), adopted, 2019 U.S. Dist. LEXIS 130615 (S.D.Ga. Aug. 5, 2019).<\/p>\n

\u201cThe relevant complaint reveals that an officer arrested Romine without a warrant, and that he was later released when a grand jury declined to indict him. As a result, Romine was never subjected to a seizure pursuant to a legal process as required for a \u00a7 1983 malicious prosecution claim.\u201d Romine v. Athens Clarke County, 2019 U.S. App. LEXIS 23427 (11th Cir. Aug. 6, 2019).*
\nhttp:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/201815307.pdf<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant was properly subject to a suspicionless state probation condition. He had no right to have it announced in court as a part of the sentence. It occurs by operation of law. United States v. Linder, 2019 U.S. Dist. LEXIS … Continue reading →<\/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":[45,50,58],"tags":[],"class_list":["post-39004","post","type-post","status-publish","format-standard","hentry","category-45","category-arrest-or-entry-on-arrest","category-probationparole-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39004","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=39004"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39004\/revisions"}],"predecessor-version":[{"id":39005,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39004\/revisions\/39005"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39004"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39004"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39004"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}