context: Most states to have confronted the question have upheld the validity of parole agreements in which the parolee consents in advance to warrantless searches.
citation_a.signal: see also
citation_a.identifier: 570 P.2d 1235, 1241-42
citation_a.parenthetical: "Depending on the nature of the crime involved, a condition of release granting authorities the right to search premises and persons at reasonable times could stand muster under both the Alaska and federal Constitutions."
citation_a.sentence: See McFerrin v. State, 344 Ark. 671, 42 S.W.3d 529, 534-35 (2001) (“[W]e have held that a parolee’s advance consent is valid because the parolee remains in the custody of the penal institution from which he is released .... ”); State v. Devore, 134 Idaho 344, 2 P.3d 153, 156 (Idaho Ct.App.2000) (“The ‘reasonable grounds’ requirement for warrantless searches by probation or parole officers does not apply when the subject of the search has entered into a probation or parole agreement that includes a consent to warrantless searches.”); People v. Wilson, 228 Ill.2d 35, 319 Ill.Dec. 353, 885 N.E.2d 1033, 1042 (2008) (upholding an agreement where the parolee consents in advance to warrantless searches); Sullivan v. Bunting, 133 Ohio St.3d 81, 975 N.E.2d 999, 1001 (2012) (per curiam) (upholding the search of a parolee’s email based on his prior consent to warrantless searches); see also Roman v. State, 570 P.2d 1235, 1241-42 (Alaska 1977) (“Depending on the nature of the crime involved, a condition of release granting authorities the right to search premises and persons at reasonable times could stand muster under both the Alaska and federal Constitutions.”); William E. Ringel, Searches and Seizures, Arrests and Confessions § 17:8 (2012) (“In most jurisdictions, one of the conditions in [parole] agreements is that the parolee or probationer consents to the search of himself, his possessions, and his residence by a parole officer, and a majority of courts give effect to such provisions.”).
citation_b.signal: see
citation_b.identifier: 885 N.E.2d 1033, 1042
citation_b.parenthetical: upholding an agreement where the parolee consents in advance to warrantless searches
citation_b.sentence: See McFerrin v. State, 344 Ark. 671, 42 S.W.3d 529, 534-35 (2001) (“[W]e have held that a parolee’s advance consent is valid because the parolee remains in the custody of the penal institution from which he is released .... ”); State v. Devore, 134 Idaho 344, 2 P.3d 153, 156 (Idaho Ct.App.2000) (“The ‘reasonable grounds’ requirement for warrantless searches by probation or parole officers does not apply when the subject of the search has entered into a probation or parole agreement that includes a consent to warrantless searches.”); People v. Wilson, 228 Ill.2d 35, 319 Ill.Dec. 353, 885 N.E.2d 1033, 1042 (2008) (upholding an agreement where the parolee consents in advance to warrantless searches); Sullivan v. Bunting, 133 Ohio St.3d 81, 975 N.E.2d 999, 1001 (2012) (per curiam) (upholding the search of a parolee’s email based on his prior consent to warrantless searches); see also Roman v. State, 570 P.2d 1235, 1241-42 (Alaska 1977) (“Depending on the nature of the crime involved, a condition of release granting authorities the right to search premises and persons at reasonable times could stand muster under both the Alaska and federal Constitutions.”); William E. Ringel, Searches and Seizures, Arrests and Confessions § 17:8 (2012) (“In most jurisdictions, one of the conditions in [parole] agreements is that the parolee or probationer consents to the search of himself, his possessions, and his residence by a parole officer, and a majority of courts give effect to such provisions.”).