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TN: Parole search for no apparent reason is invalid

By John Wesley Hall, Jr.

Suspicionless parole search of defendant's house after a traffic stop and a search of her car that produced nothing was invalid. Samson applies California law which is different than Tennessee law. State v. Turner, 2008 Tenn. Crim. App. LEXIS 321 (April 29, 2008). Comment: This case falls squarely under the "parole search for the hell of it" doctrine, and it is invalid. "Stop, I need to talk to you" is a seizure. State v. Gatewood, 2008 Wash. LEXIS 369 (May 1, 2008): The State concedes that when Longley said "'Stop, I need to talk to you,'" it was a seizure. Resp't's Br. at 13 n.7 (citing State v. Friederick, 34 Wn. App. 537, 541, 663 P.2d 122 (1983)); see State v. O'Neill, 148 Wn.2d 564, 577, 62 P.3d 489 (2003) (holding that commanding a person to stop is a seizure)...continue to full post

Full post as published by Fourth Amendment on May 03, 2008 (boomark / email).