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5. Probation/parole search

Probation Search

State v. Seneca Joseph Boykin, 2009AP2499-CR, District 2, 9/22/10 court of appeals decision (3-judge, not recommended for publication); for Boykin: Mark A. Schoenfeldt; BiC; Resp. A probation agent may not evade the warrant requirement by acting as a “stalking horse” for the police in conducting a warrantless search of a probationer’s residence, ¶10. In this instance, probation… Read More

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State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08 For Jones: David R. Karpe Issue/Holding:  Warrantless search of bedroom upheld as probation/parole search under “special needs” doctrine, notwithstanding presence of police who were conducting a concurrent investigation: ¶15      We conclude, based on the court’s factual findings, that the search of Jones’s room was a… Read More

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State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08 For Jones: David R. Karpe Issue/Holding: Entry of a probationer’s residence to effectuate a probation/parole search was reasonable:   ¶22      We reject Jones’s argument. As the circuit court found, Trimble was told by Detective Pertzborn that Jones was sexually involved with a fourteen-year-old girl and… Read More

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State v. Jacob B. Jones, 2008 WI App 154, PFR filed 10/24/08 For Jones: David R. Karpe Issue/Holding: ¶24      Wisconsin Admin. Code § DOC 328.21(3)(f) (Dec. 2006) provides that probation or parole agents “may not forcibly enter a locked premises to search it if the client whose living quarters or property it is is not present.” Jones… Read More

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Administrative Searches – Probation/Parole

State v. Brandon L. Wheat, 2002 WI App 153, PFR 6/14/02 For Wheat: Steven A. Koch, Bradley J. Lochowicz Issue/Holding: The record shows that the search of defendant’s residence was performed by his probation agent; police officers were present only for protection; therefore, this was a probation and not a law enforcement search. ¶23. UPDATE: What about… Read More

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State v. Brandon L. Wheat, 2002 WI App 153, PFR 6/14/02 For Wheat: Steven A. Koch, Bradley J. Lochowicz Issue/Holding: Because the exclusionary rule doesn’t apply at revocation hearings, “(a) reasonable probation search, as conducted here, is lawful even if the probation officer relies, in part, on information from law enforcement officials in violation of the Fourth… Read More

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State v. Charles J. Hajicek, 2001 WI 3, 240 Wis. 2d 349, 620 N.W.2d 781, reversing 230 Wis. 2d 697, 602 N.W.2d 93 (Ct. App. 1999) For Hajicek: Bruce J. Rosen, Susan C. Blesener Issue1: Whether a trial court finding that a search conducted jointly by probation and police agents was a police rather than probation search… Read More

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