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Iowa: Parole Agreement Does Not Constitute Voluntary Consent that Justifies Warrantless Search
Loaded on April 15, 2014
published in Prison Legal News
April, 2014, page 26
Last year the Supreme Court of Iowa reversed a parolee’s conviction on drug charges, holding that his acceptance of a search condition in a parole agreement did not constitute voluntary consent, and therefore a warrantless, suspicionless search of his car was unreasonable and violative of his rights under the search ...
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More from this issue:
- An Interview with Noam Chomsky on Criminal Justice and Human Rights
- From the Editor, by Paul Wright
- $2.25 Million Jury Verdict against LCS in Texas Prisoner Death Suit, by Matthew Clarke
- Ohio: Attorney General May Not Increase Sex Offender’s Registration Requirements
- The Inadequacy of Prison Food Allergy Policies, by Jamie Longazel
- U.S. Supreme Court: District Courts Can Make Federal Sentences Consecutive or Concurrent to Future State Sentences
- $15.5 Million Settlement for Mentally Ill Jail Detainee Held in Solitary Confinement
- Kitchen Supervisor Gets Prison Time for Sexually Abusing Two Prisoners
- Colorado Prisoner who Murdered Guard Gets Life Without Parole
- Lowering Recidivism through Family Communication, by Alex Friedmann
- Iowa: Parole Agreement Does Not Constitute Voluntary Consent that Justifies Warrantless Search
- No Discipline for Oregon Prosecutor and Defense Counsel for Illegal Confinement of Mentally Ill Defendant
- Update on Missouri Incarceration Reimbursement Act Case
- Arkansas Suing Prisoners for Incarceration Costs
- Montana: Hospitalized Prisoner Entitled to Continuance in Divorce Case
- California Supreme Court: Challenge to Booking Fee Order Forfeited Due to Failure to Object in Trial Court
- Texas: False Arrest and Malicious Prosecution Result in $411,865.18 Recovery
- Study: TASER Shocks May Cause Fatal Heart Attacks, by Matthew Clarke
- Texas Court Holds CCA is a Governmental Body for Purposes of Public Records Law
- Mass Incarceration: The Whole Pie, by Peter Wagner
- New York Prisoner Secures Court Order for Visitation with Child
- GPS Monitoring System in Los Angeles Plagued by False Alerts, Ignored Alarms, by Christopher Zoukis
- Placing Rival Gang Members in Same Cell Not Per Se Unconstitutional
- Qualified Immunity Denied to Michigan Guard for Improper Strip Search of Amputee Prisoner
- No Death Penalty for Maine Prisoner, by Lance Tapley
- The Redbook – A Manual on Legal Style, by John Dannenberg
- Court Awards $802,176 in Fees, Costs in PLN Censorship Suit Against Oregon County
- Oregon Appellate Court Declines to Correct Unpreserved Sentencing Error Related to Restitution, by Mark Wilson
- New York Prison Officials Can Force-Feed Hunger Striking Prisoner
- Ninth Circuit: Delay in Providing Dental Care May Constitute Deliberate Indifference
- Burden-Shifting Jury Instruction Requires New Trial in Prisoner's Lawsuit
- Eighth Circuit: Federal Sentence Consecutive to Later-Imposed State Sentence, by Mark Wilson
- Sexual Abuse by Oregon Jail Guard Nets Probation; Defense Attorney Blames Victim
- Idaho Supreme Court Upholds Dismissal of Section 1983 Claims in Jail Suicide Case, by Mark Wilson
- Federal Court Must Give Reasons for Special Conditions of Supervised Release, by David Reutter
- Washington PRA Violations Result in Costs and Penalties, by Mark Wilson
- Prisoner Organ Transplants, Donations Create Controversy
- Oklahoma Jailers Not Immune from Excessive Force Claims
- News in Brief
More from these topics:
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025. Vehicle Searches, Probable/Proximate Cause, Warrantless Searches, Marijuana Laws/Issues.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
- Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers, Sept. 1, 2024. Parole/Probation Searches, Nexus between crime and property, Warrantless Searches.
- California Court of Appeal: Defendant’s Conversation With Officers Not Consensual Based on Officers’ Positioning and Manner of Approaching Legally Parked Vehicle so Evidence Obtained Resulting From Conversation Must Be Suppressed, Aug. 15, 2024. Vehicle Searches, Consensual Encounters, Suppression, Miranda.
- Ninth Circuit Announces That Asking About Parole Status During Traffic Stop Does Not Violate Fourth Amendment, July 15, 2024. Parole/Probation Searches, Parole Searches.
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, April 1, 2024. Parole Conditions, Fathers in Prison, Parental rights, Conditions of.
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024. Parole/Probation Searches, Condition of Probation, Warrantless Searches.
- New Jersey Supreme Court Revives Parolee’s Challenge to Administratively Imposed Treatment Program, March 1, 2024. Parole Conditions, Drug Treatment/Rehab, Conditions of.
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023. Parole, U.S. Sentencing Guidelines, Parole Conditions, Juvenile Offenses/Offenders.