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S.D.N.Y.: Can't tell whether Samson applies to NY parole searches

By John Wesley Hall, Jr.

It is not clear whether Samson applies to New York parolees for a suspicionless search. Here, however, there was suspicion, so that question does not have to be decided. United States v. White, 2008 U.S. Dist. LEXIS 102015 (S.D. N.Y. December 16, 2008) Courts disagree as to whether or not the relevant parole regulation in New York is similar to the California statue at issue in Samson, and thus there is no consensus on whether or not Samson applies to cases involving New York parolees. Several courts have noted in dicta that New York does not have a statute similar to the California statute at issue in Samson, and they declined to decide whether the parole regulation and waiver signed by parolees in New York are sufficiently similar to the California statute for Samson to apply, instead finding the searches lawful on other grounds...continue to full post

Full post as published by Fourth Amendment on December 21, 2008 (boomark / email).