Is It Reasonable? A Legal Review of Warrantless Searches of Probationers and Parolees
Criminal Justice Policy Review
Published online on October 21, 2014
Abstract
Probationers and parolees have a reduced expectation of privacy. In most states, they are subject to searches by their supervising probation or parole officer without prior notice or cause. However, for law enforcement officers, their ability to search a probationer or parolee can be constrained by the need to articulate probable cause or a reasonable suspicion. This legal review examines federal and state laws, providing guidance on when law enforcement officers can search probationers/parolees, and whether it requires probable cause, a reasonable suspicion, or the presence of the supervising probation/parole officer. Results of the legal review should prove especially informative for agencies engaged in multiagency partnerships.