{"id":59875,"date":"2025-01-18T12:13:45","date_gmt":"2025-01-18T17:13:45","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59875"},"modified":"2025-01-18T12:41:51","modified_gmt":"2025-01-18T17:41:51","slug":"de-probation-searches-of-individuals-includes-their-residence","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59875","title":{"rendered":"DE: Probation searches of individuals include their residence"},"content":{"rendered":"\n<p>The statute on individuals subject to probation searches includes their residences. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=373790\">State v. Crooks<\/a>, 2024 Del. Super. LEXIS 830 (Dec. 31, 2024).<\/p>\n\n\n\n<p>There were exigent circumstances based on the reported gunshot, potential threat to officers and public safety, and the likelihood that a firearm was present in defendant\u2019s apartment. The protective sweep was reasonable in scope and duration, limited to areas where a person could be found. As to the search warrant, the court held that the good-faith exception applied because the affidavit did not contain deliberately or recklessly false statements. In addition, the court found that even without the allegedly false or misleading statements, the affidavit established probable cause based on the evidence of a gunshot and potential crime. United States v. Turner, 2025 U.S. App. LEXIS 705 (5th Cir. Jan. 13, 2025).*<\/p>\n\n\n\n<p>There was probable cause for a search, so defendant was not coerced into consenting. People v. Ramsey, 2025 NYLJ LEXIS 117 (Queens Co. Jan. 13, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The statute on individuals subject to probation searches includes their residences. State v. Crooks, 2024 Del. Super. LEXIS 830 (Dec. 31, 2024). There were exigent circumstances based on the reported gunshot, potential threat to officers and public safety, and the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59875\">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":[24,58,59],"tags":[],"class_list":["post-59875","post","type-post","status-publish","format-standard","hentry","category-consent","category-probationparole-search","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59875","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=59875"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59875\/revisions"}],"predecessor-version":[{"id":59877,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59875\/revisions\/59877"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59875"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59875"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59875"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}