What if a parole or law enforcement officer conducts a search that I believe is unlawful? What action can I take?

When law enforcement officers conduct an unlawful search, a person on parole has very few legal remedies. First off, it is very rare for a court to find that a parole search was “unreasonable.” Note that even if a court finds that a parole search was “unreasonable” and therefore unlawful, evidence found through that search can still be used against you at a parole revocation hearing.[434]

If you believe that officers unlawfully searched you or your property, you should tell the attorney who is representing you. At a parole revocation hearing, you and your attorney should be notified of evidence used against you (see PG. 188 for information on parole revocation hearings).

SUMMARY—WHILE YOU ARE ON PAROLE, OFFICERS CAN SEARCH YOU OR YOUR PROPERTY:

    WITHOUT your consent (your permission);WITHOUT a search warrant;WITHOUT “probable cause” or even reasonable suspicion that you violated parole.[435]

BUT… In order to search you or your property, an officer must know or have a reason to know that you are on parole or some other type of supervision. Courts have said that a search may be illegal if the parole officer didn’t know, or didn’t have reason to know, that the person being searched was on parole. However, any items that are taken (seized) during the search may still be used as evidence against you in a later court proceeding or in a revocation hearing. Still, a search or seizure cannot be more intrusive than reasonably necessary. If you believe you were illegal searched —tell your lawyer, contact a public defender’s office, or call Root & Rebound’s Reentry Legal Hotline at 510-279-4662 (Fridays, 9 am – 5 pm PST).

  1. 434

    Pennsylvania Board of Prob. & Parole v. Scott, 524 U.S. 357, 363-364 (1998).

  2. 435

    Samson v. California, 547 U.S. 843 (2006); U.S. v. Lopez, 474 F.3d 1208 (9th Cir. 2007); People v. Reyes, 19 Cal. 4th 743 (1998); see also Cal. Penal Code § 3067(b)(3).