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Article • September 15, 2009
Search of Parolee’s Home One to Two Hours After Search During Traffic Stop Unreasonable, Court Holds by On April 29, 2008, the Court of Criminal Appeals of Tennessee affirmed a lower court’s order suppressing evidence recovered during the search of a parolee’s home. Charlotte Turner was stopped by police for …
ICE Contract w/ BI, Incorporated for Electronic Monitoring/Alternatives to Detention Program, 2009 to 2014 Company Name: BI Incorporated Contract Number: HSCECR-09-D-00002 (HSCECR09D00002) Requisition/Reference Number: 192109CED0ATD0004 Latest Modification Processed: N/A Period of Performance: 7/20/2009 through 7/19/2014 Services Provided: Providing professional support services for the Intensive Supervision Appearance Program (ISAP) II for …
Indiana Law Requiring Former Prisoners to Consent to Search and Monitoring of Their Computers Held Unconstitutional by Brandon Sample On June 24, 2008, U.S. District Court Judge David Hamilton struck down Section 8(b) of Indiana Public Law 119, which required sex offenders and violent offenders who had completed their sentences …
New Jersey Joins Other States in Restricting Internet Use by Sex Offenders by New Jersey Joins Other States in Restricting ?Internet Use by Sex Offenders On December 27, 2007, New Jersey enacted legislation to restrict convicted sex offenders’ Internet use. Acting Governor Richard J. Codey relied on public hysteria over …
Article • January 15, 2008
Parolee's Conviction Reversed for Illegal Probation Search by The Ninth Circuit Court of Appeals has reversed a parolee's conviction for possessing a gun because the warrantless probation search was unconstitutional and subsequent incriminating statements were inadmissible under the "fruit of the poisoned tree" doctrine. Curtis Ray Howard was convicted of …
Article • January 15, 2008
Parole Officers Must Knock and Announce Before Entering Parolee's Domicile by The Seventh Circuit Court of Appeals reversed a lower court's grant of summary judgment, finding that parole officers have a duty to knock and announce themselves before entering a residence in which a parolee is renting a room, and …
Article • January 15, 2008
SJ Reversed on PO Unreasonable Search/Detention Claims by The Tenth Circuit Court of Appeals reversed a lower court's grant of qualified immunity to three New Mexico probation officers on unreasonable residential search claims. It also reversed summary judgment on an unreasonable detention claim. In February 2000, Carly Bliss was convicted …
Article • June 15, 2007 • from PLN June, 2007
Supreme Court: California’s Law Permitting Suspicionless Police Search of Parolees Does Not Violate Fourth Amendment by Marvin Mentor Supreme Court: California's Law Permitting Suspicionless Police Search of Parolees Does Not Violate Fourth Amendment by Marvin Mentor A divided U.S. Supreme Court has upheld the constitutionality of a unique California statutory …
Article • May 15, 2007
Warrantless Search by Probation Officer Constitutional by The U.S. Supreme Court held that a warrantless search of a probationer's house by probation officers did not violate the Fourth Amendment. Petitioner, a Wisconsin probationer, was charged with felony possession of a firearm by a felon after probation officers, acting on a …
Ninth Circuit: Before Conducting Warrantless Parole Search, Police Need Probable Cause to Believe Parolee Lives There by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals has held that ?before conducting a warrantless search pursuant to a properly imposed parole condition, law enforcement officers must have …
Article • October 15, 2006 • from PLN October, 2006
WA Courts Cannot Extend Supervision Period for Sex Offenses Committed Before 1996 by In 1994, Jamie Wallin pled guilty to sex offenses in Washington state, committed between July 2, 1988 and January 8, 1990. He remained free on supervision until March of 1996, when he violated his probation and received …
Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable C by Pre-Trial Defendant Released on Recognizance Is Not Subject to Warrantless Search Without Probable Cause by John E. Dannenberg In a case of national first impression, the Ninth Circuit U.S. Court of Appeals held that when …
Article • December 15, 2004 • from PLN December, 2004
Qualified Immunity Granted for Warrantless Parole Search by The Second Circuit Court of Appeals held that parole officers' warrantless entry into a homeowner's residence was per se unreasonable and violated the homeowner's Fourth Amendment right to be free from unreasonable searches. The court further held, however, that the officers were …
Article • June 15, 2003 • from PLN June, 2003
Evidence Suppressed in California Ex-Parolee's Warrantless Search by John E Dannenberg Evidence Suppressed in California Ex-Parolee's Warrantless Search by John E. Dannenberg The California Supreme Court held that evidence seized by a police officer accompanied by the ex-parolee's parole officer during a warrantless search of the ex-parolee's motel room must …
Article • March 15, 2003 • from PLN March, 2003
Home Detainee Has Fourth Amendment Rights by The Supreme Court of Virginia has held that a defendant who entered the Fairfax County Sheriff's Electronic Incarceration Program (Program) did not automatically waive his right to privacy of his home by agreeing to enter the Program. Upon entering the Program, Michael L. …
Article • June 15, 2002 • from PLN June, 2002
U.S. Supreme Court Holds Warrantless Probationary Searches Are Valid by The United States Supreme Court held in a unanimous decision the warrantless search of a probationer supported by reasonable suspicion and authorized by a condition of probation, was reasonable within the meaning of the Fourth Amendment. Mark Knights was sentenced …
Article • April 15, 2000 • from PLN April, 2000
Warrant Required Despite Private Prison Contract by The Court of Appeals for the Fifth Circuit held that a home detainee's contract with a private confinement company allowing warrantless home searches was invalid under Louisiana law. Therefore, any evidence from a warrantless search of his home was properly suppressed. Joshua Francis …
Article • July 15, 1999 • from PLN July, 1999
No Suspicion Required for California Parolee Searches by The California supreme court held that no suspicion of any wrongdoing is required for the warrantless searches of the homes and property where California parolees reside. Rudolfo Reyes was a California parolee. As a condition of his parole Reyes had signed a …
Spencer Applied to Parolee's § 1983 Claim by Spencer Applied to Parolee's § 1983 Claim Afederal district court in California held that a state parolee could file suit under 42 U.S.C. § 1983 challenging his parole revocation and an illegal parole search without first having a favorable ruling on these …
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