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CA11: Probation search of home must be based on RS

By John Wesley Hall, Jr.

Under Knights, a probation search of defendant's home need only be justified by reasonable suspicion. United States v. Carter, 2009 U.S. App. LEXIS 8838 (11th Cir. April 27, 2009): Unlike the defendants in Yuknavich and Knights, Carter was on probation for both a violent felony and a drug-related felony. As the Knights Court noted, the government's interest in monitoring a probationer stems from a probationer's propensity to commit more crimes, as well as a probationer's motivation to hide the evidence of his crimes. In this case, where the probationer has a history of drug and violence-related felonies, the government's interest in monitoring the probationer is particularly high. See, e.g., U.S.S.G. § 4B1.1(a) (providing enhanced penalties for criminals with history of drug felonies or crime of violence felonies)...continue to full post

Full post as published by Fourth Amendment on April 30, 2009 (boomark / email).