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E.D. Cal.: Samson likely will be applied to probationer searches

By John Wesley Hall, Jr.

In a civil case over an alleged unlawful probationer search, the court believes the Ninth Circuit will find that probationers have sufficiently less an expectation of privacy that the search here was lawful. While Samson deals with parolees and it is different than Knights, and the Supreme Court has not equated them yet, it probably will. Sanders v. Bishop, 2008 U.S. Dist. LEXIS 104507 (E.D. Cal. December 29, 2008).* Defendant, instead of pulling over, slowed down to 10 mph and jumped out of his truck and fled on foot. That was an act of abandonment. The only inference the court can draw is that his jumping from the truck was a diversion to get the officer to deal with the driverless truck to buy time to escape. United States v. Leunen, 2008 U...continue to full post

Full post as published by Fourth Amendment on January 02, 2009 (boomark / email).