What are my rights to privacy of person, residence, or property while on parole?

You lose most of your constitutional rights against searches and seizures while you’re on parole. When you are OFF PAROLE, the government and law enforcement cannot unreasonably search you or your property or take things from you; and if they search you illegally, they can’t use what they find as evidence against you in court.[421] But when you are ON PAROLE, you have very few rights when it comes to searches of yourself, your property, or your residence. If you are on parole:

    You, your residence, and any of your property can be searched or seized (taken) by a probation officer, a CDCR agent or officer, or any other peace/police officer, at any time (day or night), with or without a warrant, with or without cause[422] — even if non-parolees live with you.[423]
    Officers can also search the passenger compartment of any car while you are a passenger, even if you are not the driver or owner of the car.[424]
    If you are placed in custody pending parole revocation proceedings, parole agents and other law enforcement officers may search your property.[425]

The U.S. Supreme Court has upheld these conditions for people on parole even though the same conditions would violate the constitutional rights of someone who is not on parole or not in custody.[426]

WHAT IS “PROBABLE CAUSE”?

An officer has “probable cause” to search someone on parole, his/her residence, or his/her property when the officer has heightened knowledge that they are at the address where the parolee or the subject of an arrest warrant lives.Motley v. Parks, 432 F.3d 1072, 1079 (9th Cir. 2005) overruled in part by United States v. King, 687 F.3d 1189 (9th Cir. 2012).

If a law enforcement or parole officer knows you’re on parole, then the officer is allowed to assume you can be searched without a warrant, without consent, and without reasonable suspicion or “probable cause” — since this is a general condition that applies to all people on parole.[427] HOWEVER, if officers do not know that you are on parole,[428] or if they do not have “probable cause” to believe that you live in the residence they want to search,[429] then they CANNOT search you, your residence, or your property in ways that go beyond normal rules that protect all citizens

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  1. 421

    Silverthrone Lumber Co. v. U.S., 251 U.S. 385 (1920). ↑

  2. 422

    CDCR, Notice and Conditions of Parole, http://www.cdcr.ca.gov/Regulations/Adult_Operations/docs/NCDR/2014NCR/14-03/CDCR 1515.pdf. ↑

  3. 423

    See Samson v. California, 547 U.S. 843 (2006); U.S. v. Lopez (9th Cir. 2007) 474 F.3d 1208. ↑

  4. 424

    People v. Schmitz, 55 Cal. 4th 909 (2012). ↑

  5. 425

    People v. Hunter, 140 Cal. App. 4th 1147, 1152-53 (2006). ↑

  6. 426

    See U.S. v. Grandberry, 730 F. 3d 968, 975 (9th Cir. 2013); Samson v. California, 547 U.S. 843 (2006). ↑

  7. 427

    People v. Middleton, 131 Cal. App. 4th 732, 738-39 (2005). ↑

  8. 428

    People v. Sanders, 31 Cal. 4th 318 (2003). ↑

  9. 429

    Motley v. Parks, 432 F.3d 1072, 1080 (9th Cir. 2005). ↑