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NY1: Statute may say a court may specifically order a probation search, but a court can still order home visits

By John Wesley Hall, Jr.

The trial court ordered home visits by a probation officer as a condition of probation. Statute also said that courts could order entries. Home visits do not require a court order, and the probation search here satisfied Griffin. People v Pagan, 2010 NY Slip Op 6351, 2010 N.Y. App. Div. LEXIS 6452 (1st Dept. August 10, 2010).* Defendant was stopped for crossing the fog line a few times, and the officer asked for and received a general consent to search, which the defendant did not dispute. The scope of that consent was broad, and the officer could look in kitty litter containers. United States v. Guajardo, 2010 U.S. App. LEXIS 16643, 2010 FED App. 0480N (6th Cir. August 5, 2010) (unpublished).* The issue of defendant’s stop for traffic offenses leaving a known drug house under surveillance was deemed frivolous on this record by defense counsel, and it was...continue to full post

Full post as published by Fourth Amendment on August 13, 2010 (boomark / email).