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PA: Probation search conditions require RS and can't be truly random

By John Wesley Hall, Jr.

Defendant was sentenced to prison followed by probation in the Philadelphia Gun Court, and he was given a condition of random searches of his residence by the court. Under Pennsylvania law, there at least had to be reasonable suspicion for the search. Commonwealth v. Alexander, 2011 PA Super 54, 2011 Pa. Super. LEXIS 69 (March 18, 2011).* Defendant’s Franks challenge to a seizure for forfeiture was unsuccessful because the affidavits as a whole show probable cause. United States v. Dupree, 2011 U.S. Dist. LEXIS 28070 (E.D. N.Y. March 18, 2011).* Defendant’s original probation term did not include a prohibition on possession of a computer, and that condition was added by a general order of the court to all sex offender probationers...continue to full post

Full post as published by Fourth Amendment on March 22, 2011 (boomark / email).