An officer was alerted to a probationer with an arrest warrant and found the probationer\u2019s car. Running the LPN produced a hit on the warrant. Probable cause is not required for a probationer\u2019s arrest; just a reasonable basis. Burns v. Segobia, 2025 U.S. Dist. LEXIS 65636 (D. Haw. Apr. 7, 2025):<\/p>\n\n\n\n\n\n\n\n
And so, as this court recognized in Cornel v. Hawaii, “probable cause is not required to arrest a parolee for a violation of parole.” 501 F. Supp. 3d 927, 943 (D. Haw. 2020) (quoting Sherman v. U.S. Parole Comm’n, 502 F.3d 869, 884 (9th Cir. 2007)), aff’d, 37 F.4th 527 (9th Cir. 2022). Rather, a more general (and lower) standard of reasonableness applies to arrests of parolees because “[a] parolee, while free of the prison walls, still remains under legal custody.” Id. (quoting United States v. Rabb, 752 F.2d 1320, 1324 (9th Cir. 1984)). “Under the general Fourth Amendment approach, [courts] assess reasonableness by examining the totality of the circumstances and balancing the intrusion on the individual’s privacy against the promotion of legitimate governmental interests.” Sherman, 502 F.3d at 883 (citing Samson v. California, 547 U.S. 843, 848 (2006)).<\/p>\n","protected":false},"excerpt":{"rendered":"
An officer was alerted to a probationer with an arrest warrant and found the probationer\u2019s car. Running the LPN produced a hit on the warrant. Probable cause is not required for a probationer\u2019s arrest; just a reasonable basis. Burns v. … Continue reading