Probation Search Ok'd

U.S. v. Carter, 2008 WL 44567 (1/3/08)(Published) - Another probation search approved. That the probation agreement only required the probationer to permit a home search, and did not explicitly permit a search without his consent, did not mean officers could not search without his permission under Utah law. Therefore, a home search without consent was okay, as long as there was reasonable suspicion, as required by the agreement. The same degree of reliability was not required for a probation search as there would be for a Terry stop. Here there was reasonable suspicion where a social worker told the probation officer on an unknown date that: the probationer was going to move and had not discussed that with his probation officer; he might have been associating with drug users; and he had refused to take a drug test for child custody purposes that he wasn't required to take.