Friday, January 15, 2016

SR Condition Allowing Warrantless Searches OK'd

U.S. v. Flaugher, 2015 WL 7075380 (11/13/15) (Kan.) (Published) - The 10th rejects a clever argument that a district court may impose a warrantless-search supervised-release condition only on felon SORNA violators. Mr. Flaugher argued the provision in 18 U.S.C. § 3583(d) allowing such a condition for felon SORNA violators by negative implication means such a condition could not be imposed on everyone else. But the 10th sees the SORNA provision as granting more authority, not limiting it. The SORNA provision allows the imposition of a search condition without having to satisfy the three requirements [reasonably-related to § 3553(a) factors, no greater than necessary liberty deprivation, and consistent with policy statements] that apply to discretionary supervised release conditions.