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ID: Probationer's borrowed car is subject to search without warrant

By John Wesley Hall, Jr.

A probationer's car is subject to search even it if is a borrowed car. State v. Adams, 2008 Ida. App. LEXIS 88 (July 15, 2008): If Adams' probation officer were required to obtain a warrant to conduct a search of any vehicle other than Adams' registered vehicle, Adams would be able to evade close supervision by only driving someone else's car when engaged in elicit activity or registering a car in someone else's name for that purpose. Allowing Adams and other probationers to play this shell game with probation officers would defeat the state's substantial interest in closely monitoring probationers. See Cruz, 144 Idaho at 910, 174 P.3d at 880. We hold that Adams was entitled to no greater Fourth Amendment protections in his girlfriend's vehicle than he would have received in his own car...continue to full post

Full post as published by Fourth Amendment on July 17, 2008 (boomark / email).