observing that “probationers, like parolees and prisoners, properly are subject to limitations from which ordinary persons are free” and that “[mjerely because a convicted individual’s fundamental rights are involved should not * make a probation condition ... automatically suspect”
How later courts described this case
- observing that “probationers, like parolees and prisoners, properly are subject to limitations from which ordinary persons are free” and that “[mjerely because a convicted individual’s fundamental rights are involved should not * make a probation condition ... automatically suspect”
- holding that a “probationer, like the parolee, has the right to enjoy a significant degree of privacy,” which is infringed when a parole search is “intimidating and harassing”
- recommending the following probation condition in order to provide unambiguous guidance to both the probationer and the probation officer in conducting searches: “[tjhat she submit to search of her person or property conducted in a reasonable manner at a reasonable time”
- rejecting an argument that the “contract theory” of parole could be applied to probationers so as to make “[s]ubmission to [to any search] the price of probation”
Written by the judges who cited it.
The opinion
CHAMBERS, Circuit Judge
(dissenting):
The Fourth Amendment proscribes unreasonable searches. For one who is in partial custodia legis, I do not think it is an unreasonable search for an officer to politely go without a warrant and search, so long as there is no evidence of harassment. And, there was none here.
The majority decision will result in more trial judges sending more defendants to prison where they will have very little Fourth Amendment rights.
Unless we belong to the school that believes probation is overdone now, I think the majority’s result comes out the wrong way.
I have a little trouble with letting probation officers conduct searches and denying police officers the same right. The probation officer should play the role of being the defendant’s pal and not his jailer.