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Carter: Reasonable Suspicion Suffices to Search Probationer's Home Without Warrant

By Tim Cone

In U.S. v. Carter, No. 08-14460 (April 27, 2009), the Court held that "reasonable suspicion" sufficed to justify a warrantless search of the home of a probationer.Carter was serving probation after arrests for battery and possession of cocaine. Carter?s probation officer became suspicious that Carter was engaging in drug trafficking after noticing changes in Carter?s lifestyle (despite a meager income), his association with a person with a criminal record, and his apparent gang affiliation. The officer searched Carter?s home and found evidence that led to Carter?s prosecution for crack cocaine trafficking and gun possession.Citing the balancing test of U.S. v. Knights, 534 U.S. 112 (2001), the Court held that reasonable suspicion for the search sufficed under the Fourth Amendment...continue to full post

Full post as published by Defense Newsletter Blog on April 27, 2009 (boomark / email).