NCJ Number
60185
Date Published
1973
Length
0 pages
Annotation
THE APPLICATION OF SEARCH AND SEIZURE RULES TO CASES INVOLVING PAROLEES AND PROBATIONERS IS DEPICTED IN THIS FILM.
Abstract
PAROLEES, PROBATIONERS, AND OUTPATIENTS FROM REHABILITATION CENTERS ARE NOT PROTECTED BY SEARCH AND SEIZURE LAWS (I.E., THE SEARCH MUST BE PURSUANT TO A VALID SEARCH WARRANT, INCIDENT TO A VALID ARREST, OR WITH CONSENT). BECAUSE PAROLEES AND PROBATIONERS ARE IN 'CONSTRUCTIVE CUSTODY,' THEY ARE ENTITLED TO NO MORE PRIVACY THAN THEY HAD WITHIN PRISON WALLS. FOR PAROLE AGENTS, 'REASONABLENESS,' NOT PROBABLE CAUSE, GOVERNS ARREST AND SEARCH. THERE IS NO NEED FOR A SEARCH WARRANT, BUT PAROLE AGENTS MUST RESPECT THE RIGHTS OF PRIVACY AND LIMIT THEIR SEARCH TO PAROLE PURPOSES (MOST LEGISLATION REGARDING THIS ISSUE IS VAGUE). CONVERSELY, POLICE OFFICERS MUST HAVE ADVANCE CONSENT TO SEARCH A PROBATIONER'S PERSON, RESIDENCE, OR VEHICLE AT ANY TIME; MUST ANNOUNCE PURPOSE AND IDENTITY BEFORE CONDUCTING A SEARCH; AND MUST HAVE THE PAROLE AGENT'S AUTHORIZATION TO INSTIGATE A SEARCH. HOWEVER, A CONDITION REQUIRING THE PROBATIONER TO SUBMIT TO A SEARCH BY POLICE OFFICERS OF HIMSELF, HIS RESIDENCE, OR HIS VEHICLE AT ANY TIME WITH OR WITHOUT A SEARCH WARRANT AND WITH OR WITHOUT PROBABLE CAUSE MAY BE WRITTEN INTO A DEFENDANT'S PROBATION CONTRACT. A TRAINING MANUAL ACCOMPANIES THE FILM TO IDENTIFY CASES OF LEGALITY OF EVIDENCE AND OF SEARCH AND SEIZURE BY PAROLE AGENTS OR THE POLICE, AND TO PRESENT CASE EXAMPLES OF LEGAL SEARCH AND SEIZURE IN STATE AND LOCAL LEGISLATION SHOULD BE NOTED. (MHP)