Searches for Parolees and Probationers

[Ultimate86]

Why must there be reasonable suspicion of a crime for an unconsented search to be legal for parolees, while probationers may be subject to searches at any time for any reason?

I don't understand why parolees are given an added degree of privacy compared to probationers.

Thoughts?

[MSoCal]

I agree, I also think that if you choose to be a gang member (have gang affiliated tats, ect, ect.... I think you should be subject to search at any given time for any reason..

[Ultimate86]

I agree, I also think that if you choose to be a gang member (have gang affiliated tats, ect, ect.... I think you should be subject to search at any given time for any reason..

That's not really what I'm saying. Even though gangbangers are turds, they shouldn't necessarily have their constitutional rights stripped from them until they've went through due process.

As a parolee, you are being allowed to serve the remainder of your sentence while in the community. Technically, you're still under the supervision of the CDC.

As a probationer, the court has, in lieu of a stricter sentence, given you a set of terms to live by for a specified period of time.

Parolees have committed felonies, while probationers have committed misdemeanors. Why the stricter treatment for probationers, then?

[MSoCal]

AHHHHH I see what your saying now.. MY BAD..... I do understand that gang bangers still have a right to constitutional rights even if they want to be gang bangers.. Oh well..

[FPD GUY]

You actually have them mixed up. Parole can be searched at any time. You can even go to their house and search it to make sure they are in compliance. Probationers can only be searched without consent if they have certain terms, excluding PC or RS that is.

[mdrdep]

Ultimate I think your a little out of date. You can search any parolee or any probationer (provided they have a search condition). The 9th Circuit said you need suspicion of a crime but the USSS pointed out the error of their ways to them. The 9th Circuit was overturned (again).

[Garbage Man]

Right that was only the rule for about 6 months. Sanity was restored by the US supremes. What was funny was the 9ths reasoning. They said the search and Seizure Parole terms were based on the parolee consentually signing away his rights when he paroled. the 9th said that since his only choice was to stay in jail his consent to search was given under duress. It never occured to them that in making this decision they were basically ending parole. You have to go to college a lot of years to learn to think like that.

[Ultimate86]

Thank you for the follow-up everyone.

I took this information directly from the Learning Domain that I am currently studying, so at some point, this was indeed the situation.

Apparently this was a recent amendment to the policy?

[DOAcop38]

try this - Samson V. California (2006) warrantless/
"SUSPICIONLESS" search of parolees is valid- subject need only be an active parolee,per 3067(a) of the calif. penal code.....Hurrah for our side........

[SoCalFed]

Probation and parole searches can lead to some great arrests. As others have said, parolee searches are a no brainer, as they can be searched anytime, but probationers are a whole other animal. You can have people convicted of welfare fraud and on probation in LA County with search conditions, but someone caught slinging dope in that doesn't have it!!!! Just when you think common sense would say, with all those priors and the most recent conviction he/she MUST have search conditions, they DON'T....

[pulicords]

The major concern regarding persons on probation is to verify that they are on active probation and have conditions that authorize searches with or without probable cause. The courts have ruled that learning about the subject's status later doesn't cut it, when evidence is located that can lead to new charges (vs a probation violation). It's always best to verify the fact that the detainee is on formal probation, with a requirement to allow, "searches with or without probable cause at any time by any law enforcement officer", or to obtain consent before conducting a search.

[jdlong]

Probation and parole searches can lead to some great arrests. As others have said, parolee searches are a no brainer, as they can be searched anytime, but probationers are a whole other animal. You can have people convicted of welfare fraud and on probation in LA County with search conditions, but someone caught slinging dope in that doesn't have it!!!! Just when you think common sense would say, with all those priors and the most recent conviction he/she MUST have search conditions, they DON'T....

Absolutely. Probation Officer here in Nor Cal. Another great reason to get to know a few P.O.s in your county Probation Department (if you don't partner together like we do up here). I can't count how many times I've heard officers run a subjects 27, 29 and they come back negative probation, negative wants. I've then radioed the officer on the stop to inform them that the dirtbag is on Probation with (hopefully) or without Search and Seizure. In our county, the Court quite often takes months to get a subjects Probation status into the system. Always good to have a P.O.'s direct phone line to check probation status...especially when you just know the dirtbag has dope.

Yeah, we're lucky up here to have blanket Search and Seizure on our Probationers. Agreed, it's ridiculous in some counties who is and isn't subject to search and seizure. We used to have DV probationers that weren't subject to search for firearms...huh? Your terms and conditions state you can't be in possession of any firearms or ammo...but we can't search for them? STUPID...and very dangerous.

[pulicords]

Yeah, we're lucky up here to have blanket Search and Seizure on our Probationers.

That's pretty good! Is "blanket search and seizure" on felony probationers only or misdemeanor too? With few exceptions, our misdemeanor probationers are on summary probation. They have few conditions outside of "obey all laws", complete DUI school, pay fines, etc...

[jdlong]

That's pretty good! Is "blanket search and seizure" on felony probationers only or misdemeanor too? With few exceptions, our misdemeanor probationers are on summary probation. They have few conditions outside of "obey all laws", complete DUI school, pay fines, etc...

Yeah, we're lucky up here. We're also a small, rural County with a "good old boys" network of Judges, D.A., etc. As we all know, Judges run their court room how they please...rarely by th Rules of Court.

All felony probationers have a blanket search and seizure term. The Judges used to specify what they were searchable for based on the offense (dope for a dope offense, weapons for a weapons offense, etc.), but our Chief and the D.A. have convinced them to leave it open ended. That's the way it should be. Probation and Parole are gifts in lieu of incarceration...with them comes the loss of many Constitutional rights. Kills me when I hear my felons bitching and moaning about what they have to do on probation. Here's a concept..."don't commit crime".:D

Like you guys, most of our misdemeanor probationers aren't subject to search and seizure...unless elements of their offense call for it. It's changing though, we're working on the Judges. All probationers should be subject to search...in my opinion. If you're not breaking the law, you've got nothing to worry about.