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Eleventh Circuit holds that reasonable suspicion sufficient for search of probationer

By Douglas A. Berman

Today in US v. Carter, No. 08-14460 (11th Cir. April 27, 2009) (available here), the Eleventh Circuit addresses an interesting intersection of different strands of criminal procedure jurisprudence.  Here is how the ruling begins: We consider in this appeal whether the warrantless search of the home of the Defendant, a probationer, was reasonable under the Fourth Amendment.  We apply the balancing test articulated in United States v. Knights, 534 U.S. 112, 122 S. Ct. 587 (2001), and conclude that the search in this case was reasonable if supported by reasonable suspicion.  And, because there was reasonable suspicion that the Defendant was engaged in criminal conduct, we conclude that the search was reasonable and affirm the district court?s denial of the Defendant?s motion to suppress.continue to full post

Full post as published by Sentencing Law and Policy on April 27, 2009 (boomark / email).