Search of Parolee's Home Was Reasonable Under All the Circumstances

U.S. v. Mabry, 2013 WL 4734083 (9/4/13) (Kan.) (Published) - Another reminder of the diminished privacy expectations of parolees. A warrantless search of a parolee's home is constitutional as long as it is reasonable. Whether a search is reasonable depends in part on the law of a particular jurisdiction. In this case, under Kansas law a search of a parolee's property is okay only if there is reasonable suspicion. That law plays a role in what a parolee's reasonable expectation of privacy is. Under the totality of circumstances the search of the defendant's home was reasonable because: (1) he had a diminished expectation of privacy as a parolee, especially since his parole agreement allowed a search of his home; (2) there was reliable information he had violated parole and was involved with distributing drugs because two weeks before he was found with another parolee in another state in a car that contained 22 pounds of marijuana but he wasn't arrested and his girlfriend acted nervously and evasively when officers showed up at the home, saying the defendant was in the shower right before officers saw a clothed defendant in the kitchen; and (3) the state had a strong interest in monitoring the defendant and preventing his likely recidivism because he was a parolee. The search was okay even though it did not comply with the state law requirement that the parole enforcement officer get prior approval from a supervisor. All that matters is whether the search was reasonable under the totality of the circumstances.