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ID: Probation condition that probationer submit to a search ?at the request of? a probation officer means probation must be present for search

By John Wesley Hall, Jr.

Idaho’s probation condition that a probationer submit to a search “at the request of” a probation officer means that the probation officer must tell the probationer that the search is going to occur. A search in the probationer’s absence was thus void. State v. Turek, 2011 Ida. App. LEXIS 11 (March 2, 2011): Finding the reasoning of these authorities persuasive, we conclude that a probation condition that requires a probationer to submit to a search “at the request of” an officer requires that the probationer be informed of an officer’s intent to conduct an impending search. Like the Joubert Court, we recognize that the purposes of probation may be better advanced if we were to allow probation officers to conduct unrestricted, unannounced searches of a probationer’s residence...continue to full post

Full post as published by Fourth Amendment on March 08, 2011 (boomark / email).