Parolee Searches and Seizures

The big case at the United States Supreme Court level is Samson v California, 547 US 843. In that case, an officer stopped a parolee walking down the street without reasonable suspicion. The officer then searched the parolee and discovered meth in a cigarette package.

The United States Supreme Court ruled that the search was constitutional and the evidence admissible because:
-- parolees have an extremely low expectation of privacy – not much higher than if they were (still) in prison.
-- the conditions for parole, which the parolee signs, states that parolees must consent to searches.

The big case in Illinois is People v Wilson, 885 NE2d 1033. In this case Wilson signed an “agreement” as a condition of his parole that stated in part, “you shall consent to a search of your person property or residence under your control.” Wilson was required to sign this order before parole could be granted.

An anonymous caller stated that Wilson had narcotics and guns at his apartment. Wilson’s parole officer and police entered the residence where Wilson was living. Officers immediately handcuffed Wilson and then searched his bedroom, finding drugs.

The Illinois Supreme Court ruled that the officers did not need reasonable suspicion to search Wilson home as he had waived his rights, and he had such a low expectation of privacy.

My opinion:

1. The parolee who is a pedestrian
Officers may normally stop a parolee in the street and search him without reasonable suspicion.

2. The parolee who is in his home
No one knows yet if officers may enter a parolee’s home without reasonable suspicion – or whether a parole officer must initiate the search.

3. The parolee in a car
Normally, I would say that if an officer can stop a parolee in on a sidewalk with reasonable reasonable suspicion, he can also stop him in a car -- as there is no real difference constitutionally. But in this instance, I just don’t know. We’ll have to wait for a ruling in Illinois.

Probably most important is that officers read the parole agreements themselves. These conditions for parole are usually boilerplate and impose relatively the same conditions on all parolees.

Best –

DA