{"id":57355,"date":"2024-03-17T13:52:05","date_gmt":"2024-03-17T18:52:05","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57355"},"modified":"2024-03-17T13:52:05","modified_gmt":"2024-03-17T18:52:05","slug":"ca2-supervised-release-search-condition-not-adequately-addressed-on-the-record","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57355","title":{"rendered":"CA2: Supervised release search condition not adequately addressed on the record"},"content":{"rendered":"\n

\u201cWe conclude that the \u2018special needs\u2019 doctrine of the Fourth Amendment permits, when sufficiently supported by the record, the imposition of a special condition of supervised release that allows the probation officer to conduct a suspicionless search of the defendant’s person, property, vehicle, place of residence, or any other property under his or her control. However, the district court exceeded its discretion in imposing that special condition here because it failed to make the individualized assessment required to support the special condition under 18 U.S.C. \u00a7 3583(d), including a sufficient explanation as to how the condition is reasonably related in this particular case to the applicable statutory factors under 18 U.S.C. \u00a7 3553(a) and involves no greater deprivation of liberty than is reasonably necessary under those factors.\u201d United States v. Oliveras<\/a>, 2024 U.S. App. LEXIS 6226 (2d Cir. Mar. 15, 2024).<\/p>\n\n\n\n

Around midnight, two officers in a cruiser saw Albert Jackson alone in a parked car. They pulled alongside, close enough so Jackson would have to squeeze to get out. One officer went to Jackson’s side of the car, while the other walked to Jackson’s passenger side. Both shined flashlights on Jackson. By boxing in and surrounding Jackson, the officers’ actions meant a reasonable person in his position would not feel free to leave. [\u00b6] The officers explained why they took these steps. Jackson was wearing a \u2018big bulky jacket\u2019 on a \u2018hot\u2019 and \u2018humid\u2019 night. He \u2018was seated kind of awkwardly in the driver’s seat.\u2019 And when they approached in the dark and shined flashlights on him, he looked \u2018uncomfortable and kind of nervous,\u2019 \u2018like he was surprised to see us.\u2019 [Well, yeah.] The officers’ stated observations did not suggest criminal activity might be afoot. Jackson’s detention violated the Fourth Amendment.\u201d People v. Jackson, 2024 Cal. App. LEXIS 185 (2d Dist. Mar. 15, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cWe conclude that the \u2018special needs\u2019 doctrine of the Fourth Amendment permits, when sufficiently supported by the record, the imposition of a special condition of supervised release that allows the probation officer to conduct a suspicionless search of the defendant’s … 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":[58,35],"tags":[],"class_list":["post-57355","post","type-post","status-publish","format-standard","hentry","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57355","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=57355"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57355\/revisions"}],"predecessor-version":[{"id":57357,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57355\/revisions\/57357"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57355"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57355"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57355"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}