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No Search Warrant Required Where Wife's Probation Agreement Allowed Search on Reasonable Suspicion; Evidentiary Objections Rejected

By Shari Allison

US v. Blake, No. 07-8050, 7/3/08 - Denial of motion to suppress affirmed. Defendant's wife was on probation in a state case. Her probation agreement included a consent to search provision based on reasonable suspicion. She tested dirty for meth, so the probation officer called the cops, who tell her they have information that probationer's husband, the defendant, has been selling meth. Off they go together to defendant's residence, where she was present with her husband. Defendant lets them in and awakens his wife. Search produces meth, scales, packaging, and cash. There was reasonable suspicion to search, and wife's consent to search in her probation agreement dispensed with the necessity for a warrant. The 10th rejects defendant's Georgia v...continue to full post

Full post as published by Tenth Circuit Blog on July 10, 2008 (boomark / email).