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Criminal

Jan. 3, 2002

Probation Searches

Forum Column by Shawn J. Nelson - Recently, the U.S. Supreme Court ruled on the legality of searches of adult probationers in California. The high court addressed a troublesome gap in which California police officers may search, without probable cause or reasonable suspicion, a probationer for evidence of a new crime and use that evidence to convict the defendant in state court, yet this conduct opens the officers up to a federal court suit for a constitutional rights' violation.

        By Shawn J. Nelson

        Recently, the U.S. Supreme Court ruled on the legality of searches of adult probationers in California. The high court addressed a troublesome gap in which California police officers may search, without probable cause or reasonable suspicion, a probationer for evidence of a new crime and use that evidence to convict the defendant in state cou...

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