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FL: Probation search permits a probation revo but not a new case

By John Wesley Hall, Jr.

Probation officers in Florida have to choose between a probation violation and whether they can make a new case when they conduct a probation search. Here, they could use the evidence found to revoke, but not to make a new case. Gordon v. State, 2008 Fla. App. LEXIS 17596 (Fla. App. 1st Dist. November 21, 2008).* Defendant was stopped because of overtinted windows, and, when the windows were rolled down, marijuana smoke drifted out. That justified an arrest and search incident, so the defendant's argument that reasonable suspicion was lacking was misplaced. State v. Williams, 2008 Ohio 6030, 2008 Ohio App. LEXIS 5053 (2d Dist. November 21, 2008).* Facts relayed from other officers gave the officer who stopped defendant reasonable suspicion...continue to full post

Full post as published by Fourth Amendment on November 26, 2008 (boomark / email).