Can a probationer's Fourth Amendment search waiver be interpreted as justification for a search of his vehicle by the police?
MultiRegion, United States of America
The following excerpt is from United States v. Job, 871 F.3d 852 (9th Cir. 2017):
Lara , 815 F.3d at 610 (citing Samson v. California , 547 U.S. 843, 850, 126 S.Ct. 2193, 165 L.Ed.2d 250 (2006) ). A Fourth Amendment search waiver cannot provide a justification for a search of a probationer where the officers were unaware of the waiver before they undertook the search. The district court erred in denying Job's motions to suppress evidence from all three searches solely on the basis of Job's Fourth Amendment search waiver.
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