NCJ Number
45221
Date Published
1975
Length
18 pages
Annotation
THE QUESTION OF WHETHER A PAROLEE IS PROTECTED BY THE FOURTH AMENDMENT PROHIBITION AGAINST UNREASONABLE SEARCHES AND SEIZURES IS EXAMINED.
Abstract
THE ATTITUDE OF THE LAW TOWARD THE FOURTH AMENDMENT IN GENERAL AND APPLICATIONS OF THE AMENDMENT IN SPECIFIC CASES INVOLVING PAROLEES ARE ANALYZED. THE FOURTH AMENDMENT DOES NOT PROHIBIT ALL SEARCHES, ONLY THOSE WHICH ARE 'UNREASONABLE.' WHAT IS DEFINED AS UNREASONABLE VARIES FROM TIME TO TIME. CASES IN WHICH IT HAS BEEN HELD THAT CERTAIN SEARCHES ARE NOT UNREASONABLE, EVEN THOUGH WARRANTS HAD NOT BEEN PREVIOUSLY OBTAINED, HAVE INCLUDED THOSE WHERE PROPERTY WAS SEIZED INCIDENTAL TO A LAWFUL ARREST, THE PAROLEE CONSENTED TO THE SEARCH, AND WEAPONS WERE FOUND BY AN OFFICER AS A RESULT OF A SEARCH CONDUCTED IN ORDER TO PROTECT THE OFFICER AND OTHERS IN THE VICINITY. THE FOURTH AMENDMENT PERMITS SEARCH AND SEIZURE MADE ON THE BASIS OF 'PROBABLE CAUSE,' ALTHOUGH THIS CONCEPT IS NOT SPECIFICALLY DEFINED. A PRIMARY QUESTION IS WHETHER THE SEARCH OF A PAROLEE WITHOUT A WARRANT OR PROBABLE CAUSE IS A LEGAL SEARCH OR WHETHER HE IS UNPROTECTED BY THAT AMENDMENT BECAUSE OF HIS STATUS (I.E., HAVING CONSENTED TO A CONDITION WAIVING HIS FOURTH AMENDMENT RIGHTS). CASES WHICH HAVE BEEN TRIED CONCERNING THIS ISSUE HAVE CONSISTENTLY HELD THAT A PAROLEE IS UNPROTECTED. ONE JUDGE HAS STATED THAT THE PAROLEE, ALTHOUGH PHYSICALLY OUTSIDE THE WALLS, IS STILL A PRISONER; THEREFORE, THE STANDARD CONCEPTS OF ARREST AND PROBABLE CAUSE HAVE LITTLE RELEVANCE. THE AUTHOR CONCLUDES THAT, AS A RESULT OF THE CHANGING SOCIAL CLIMATE AND INCREASED CONCERN FOR THE RIGHTS OF PRISONERS, CASES WILL ARISE WHICH WILL RESULT IN EXPANDED PAROLEES' AND/OR PRISONERS' RIGHTS IN THE AREA OF FOURTH AMENDMENT PROTECTIONS. (VDA)