Archive | parole search

Monday, July 19th, 2021

Second Circuit reverses a suppression order, applying “special needs doctrine” to uphold a parole officer’s search of parolee’s house without reasonable suspicion.

In United States v. Braggs, No. 20-892 (2d Cir. July 13, 2021), the Second Circuit reversed the suppression of guns and drugs found in a search of defendant’s house by his New York state parole officer. The search was based on an anonymous tip that “Mr. Braggs may have guns in his house.” The District Court for the Western District of New York suppressed the evidence, as well inculpatory statements made during subsequent police questioning at his house, on the ground that the search was not based on reasonable suspicion. The district court relied on the State Department of Corrections and Community Supervision directive requiring essentially a reasonable suspicion standard for such a search, and Samson v. California, 547 U.S. 843 (2006), which tied the parameters of a search of a state parolee to the consent required of as a condition of parole.

The Second Circuit ruled that …

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Categories: Fourth Amendment, parole search, special needs

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Saturday, January 21st, 2012

Parole Evidence

United States v. Barner, No. 10-3700-cr (2d Cir. (Sack, Raggi, CJJ, Eaton, JCIT)

This decision, a government appeal, reverses a district court order suppressing evidence obtained during a parole search.

Barner was released to New York State parole in 2007, and signed a Certificate of Release that included his consent to having his parole officer visit him at home and search and inspect his person, residence and property. Barner was also forbidden from possessing any sort of firearm, ammunition or body armor, and was subject to a curfew.

In early 2008, someone called Barner’s parole officer and told her that Barner had fired a gun at him. She and other officers tried to reach Barner at home that night – during his curfew period – but Barner was not there. This prompted Barner to obtain a parole violation arrest warrant. Two days later, Barner reported for his weekly appointment with …

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Categories: Fourth Amendment, parole search, special needs, Uncategorized

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