NCJ Number
39611
Journal
New York University Law Review Volume: 51 Issue: 5 Dated: (NOVEMBER 1976) Pages: 800-837
Date Published
1976
Length
38 pages
Annotation
ANALYSIS OF THE IMPLICATIONS OF TWO RECENT FEDERAL COURT DECISIONS WHICH HAVE INVALIDATED RELEASED OFFENDERS' ADVANCE WAIVERS OF THEIR FOURTH AMENDMENT RIGHTS AS CONDITIONS OF THEIR RELEASE.
Abstract
THE NOTE ANALYZES THE NINTH CIRCUIT RULING IN US V CONSUELO-GONZALEZ (1975) AND A NEW YORK FEDERAL COURT RULING IN US EX REL COLEMAN V SMITH (1975). IT BEGINS BY ANALYZING THE NEW APPROACHES EMPLOYED IN JUDICIAL TREATMENT OF RELEASED OFFENDERS' ADVANCE WAIVERS OF FOURTH AMENDMENT RIGHTS. THE NEWLY ARTICULATED FOURTH AMENDMENT STANDARD GOVERNING PAROLE AND PROBATION OFFICER SEARCHES OF RELEASED OFFENDERS, FORMULATED IN LATTA V FITZHARRIS (1975), IS THEN CONSIDERED. LATTA'S STANDARD PROVIDES THAT A SEARCH OF A PAROLEE AND HIS HOME CONDUCTED BY HIS PAROLE OFFICER WILL BE REASONABLE IF THE OFFICER BELIEVES THAT SUCH A SEARCH IS VITAL TO PERFORMANCE OF HIS DUTIES. FINDING THAT STANDARD INADEQUATE, THE NOTE EVALUATES THE VIABILITY OF TWO ALTERNATIVES TO THE ADOPTION OF A MORE RIGOROUS CONSTITUTIONAL STANDARD. FINALLY, A STRICTER FOURTH AMENDMENT STANDARD TO ACCOMMODATE BOTH THE SUPERVISORY NEEDS OF THE PAROLE AND PROBATION SYSTEMS AND THE CONSTITUTIONAL CLAIMS OF RELEASED OFFENDERS TO A REASONABLE EXPECTATION OF PRIVACY IS SUGGESTED. THE MEANS OF IMPLEMENTING THE PROPOSED STANDARD INVOLVES EXTENDING THE EXCLUSIONARY RULE TO PAROLE AND PROBATION REVOCATION HEARINGS. (AUTHOR ABSTRACT MODIFIED)...EB