Can a police officer conduct a probation search without the consent of the probation officer?

MultiRegion, United States of America

The following excerpt is from U.S. v. Davis, 932 F.2d 752 (9th Cir. 1991):

4 Appellant does not raise the question of whether police officers may conduct a probation search without authorization by a probation officer. See United States v. Richardson, 849 F.2d 439, 442 (9th Cir.), cert. denied, 488 U.S. 866, 109 S.Ct. 171, 102 L.Ed.2d 141 (1988) (upholding a search instigated and conducted solely by police but authorized by probation officer, leaving open the possibility that a complete delegation of authority may be evidence of a subterfuge for criminal investigation). We therefore do not consider it either.

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