MOD 660
03-27-2013, 05:30 PM
Probation search without warrant and without suspicion upheld
Detectives suspected King of involvement in a homicide. They learned that he was on probation with a condition authorizing suspicionless searches of his residence. The detectives went to his home, searched, and found a shotgun under his bed. King was charged with being a felon in possession of a firearm.
King argued that the search was unconstitutional because it was not based on individualized suspicion that he had committed a crime. He argued that he was on probation—not parole—and therefore was not subject to the search doctrine announced in United States v. Knights, 534 U.S. 112 (2001). In Knights, the Supreme Court upheld a search that was based on a probation agreement clause allowing suspicionless searches based upon reasonable suspicion (and not probable cause).
Note that this case does not suggest that suspicionless searches of probationers are allowed without any probation agreement that specifically provides for such searches. The King court explained that a probationer's privacy expectation is "only slightly" greater than that of a parolee. Thus, the suspicionless search—again, based on a probation agreement condition—was permissible and the shotgun was properly admitted into evidence against King. United States v. King, 2013 WL 886161 (9th Cir. 2013).
Detectives suspected King of involvement in a homicide. They learned that he was on probation with a condition authorizing suspicionless searches of his residence. The detectives went to his home, searched, and found a shotgun under his bed. King was charged with being a felon in possession of a firearm.
King argued that the search was unconstitutional because it was not based on individualized suspicion that he had committed a crime. He argued that he was on probation—not parole—and therefore was not subject to the search doctrine announced in United States v. Knights, 534 U.S. 112 (2001). In Knights, the Supreme Court upheld a search that was based on a probation agreement clause allowing suspicionless searches based upon reasonable suspicion (and not probable cause).
Note that this case does not suggest that suspicionless searches of probationers are allowed without any probation agreement that specifically provides for such searches. The King court explained that a probationer's privacy expectation is "only slightly" greater than that of a parolee. Thus, the suspicionless search—again, based on a probation agreement condition—was permissible and the shotgun was properly admitted into evidence against King. United States v. King, 2013 WL 886161 (9th Cir. 2013).