Saturday, January 21, 2012

Parole Evidence

United States v. Barner, No. 10-3700-cr (2d Cir. (Sack, Raggi, CJJ, Eaton, JCIT)

This decision, a government appeal, reverses a district court order suppressing evidence obtained during a parole search.

Barner was released to New York State parole in 2007, and signed a Certificate of Release that included his consent to having his parole officer visit him at home and search and inspect his person, residence and property. Barner was also forbidden from possessing any sort of firearm, ammunition or body armor, and was subject to a curfew.

In early 2008, someone called Barner’s parole officer and told her that Barner had fired a gun at him. She and other officers tried to reach Barner at home that night - during his curfew period - but Barner was not there. This prompted Barner to obtain a parole violation arrest warrant. Two days later, Barner reported for his weekly appointment with his P.O., and was placed under arrest. Barner denied having any firearms, consented to a search of his residence, and gave the P.O. a key ring that had three keys - one to his apartment building, one to his apartment, and one to a storage area adjacent to the apartment. Barner was now in custody, and the officers brought him back to his apartment while they searched it. During that search, P.O.’s found various forbidden items, including a small bag of crack cocaine. One officer noticed the storage area, which was ten feet away from the entrance to the apartment, and used one of Barner’s keys to open it. Inside were four guns, a bulletproof vest, ammunition, a scale and some marijuana. Barner was charged in the Western District with being a felon in possession of the guns and ammo.

After a hearing, the district court suppressed the evidence. It held that the consent-to-search condition of Barner’s parole no longer applied because he was back in custody, and hence no longer on parole, and that the scope of the consent that Barner gave on the day of his arrest included his apartment only, and not the storage room.

The circuit disagreed. Given the “special needs” of supervising parolees, the relevant question was not the scope or validity of Barner's consent. It was “whether the conduct of the parole officer[s] was rationally and reasonably related to the performance of [their] dut[ies].” The P.O. began this investigation with information that Barner had possessed a gun and fired it at someone else, both criminal parole violations. It was “clearly reasonable” for the officer to investigate those allegations further, and it was reasonable for that investigation to include a search.

The district court also erred in concluding that Barner’s full Fourth Amendment rights were restored to him once he was arrested; to the contrary, the allegation of a parole violation and the issuance of the arrest warrant placed him “one step farther from the constitutional protection enjoyed by ordinary citizens.” Thus, Barner’s arrest for a parole violation did not render the search unreasonable. While it is possible that a search “conducted days or weeks after a parolee’s arrest and detention” might be “so attenuated from the parole officers’ duties” as to render it unconstitutional, Barner's not such a case.

By focusing on the “special needs” doctrine, and not the specifics of the consent, the circuit easily concluded the search of the storage room was lawful. That search was “reasonably related to the parole officers’ duties” and was “performed in furtherance” of them.

Labels: , ,

4 Comments:

Anonymous bell said...

Effects pedalsThe great secret of power is never OverDrive Pedalsto will to do more than you can accomplish.Echo Pedals

August 18, 2013 at 8:26 AM  
Blogger oakleyses said...

oakley sunglasses cheap, coach outlet store online, kate spade outlet, air max pas cher, louboutin outlet, louis vuitton outlet stores, longchamp handbags, christian louboutin shoes, prada outlet, burberry outlet, ray ban sunglasses, air max, coach factory outlet, tiffany and co, prada handbags, michael kors outlet, tory burch outlet, kate spade handbags, polo ralph lauren outlet, louis vuitton handbags, burberry outlet, michael kors outlet, true religion outlet, louis vuitton outlet, louis vuitton, michael kors outlet, louboutin, chanel handbags, michael kors outlet, louboutin shoes, michael kors outlet, longchamp handbags, longchamp outlet, polo ralph lauren outlet, nike shoes, tiffany and co, coach outlet, true religion jeans, true religion jeans, nike free, air max, coach purses, air max, michael kors outlet, gucci outlet, ray ban sunglasses, louis vuitton outlet, jordan shoes

October 28, 2014 at 2:02 AM  
Blogger oakleyses said...

abercrombie and fitch, nike roshe run, nike free pas cher, longchamp, mac cosmetics, hogan outlet, nike free, polo ralph lauren, sac burberry, michael kors pas cher, hollister, polo lacoste, nike tn, sac hermes, nike huarache, nike roshe, north face, sac longchamp, new balance pas cher, louis vuitton, vanessa bruno, longchamp, vans shoes, louis vuitton uk, air max, ray ban sunglasses, north face, nike blazer, nike roshe run, air jordan, sac guess, vans pas cher, barbour, oakley pas cher, nike air max, sac louis vuitton, lululemon, mulberry, michael kors, sac louis vuitton, ralph lauren, hollister, hollister, nike trainers, michael kors, ray ban pas cher, air force, converse pas cher, timberland, louboutin

October 28, 2014 at 2:02 AM  
Blogger oakleyses said...

lululemon outlet, mont blanc, air max, nfl jerseys, rolex watches, beats by dre, moncler, new balance shoes, bottega veneta, ugg, ugg australia, hollister clothing store, giuseppe zanotti, wedding dresses, iphone 6 cases, canada goose, ugg boots, ghd, reebok outlet, ferragamo shoes, chi flat iron, moncler, north face jackets, soccer shoes, ugg boots, abercrombie and fitch, babyliss pro, baseball bats, valentino shoes, uggs outlet, ugg pas cher, insanity workout, instyler, moncler outlet, canada goose uk, north face outlet, moncler, canada goose, marc jacobs, canada goose, herve leger, asics running shoes, canada goose jackets, birkin bag, canada goose outlet, soccer jerseys, p90x, jimmy choo outlet, mcm handbags, celine handbags

October 28, 2014 at 2:03 AM  

Post a Comment

<< Home