Is a parolee subject to search and seizure?

MultiRegion, United States of America

The following excerpt is from United States v. Johnson, 875 F.3d 1265 (9th Cir. 2017):

We have repeatedly recognized that status as a parolee4 significantly diminishes one's privacy interests as compared to the average citizen. See Samson v. California , 547 U.S. 843, 850, 126 S.Ct. 2193, 165 L.Ed.2d 250 (2006). "[P]arole is an established variation on imprisonment of convicted criminals" and granted only "on the condition that the prisoner abide

[875 F.3d 1274]

by certain rules during the balance of the sentence." Id. (quoting Morrissey v. Brewer , 408 U.S. 471, 477, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972) ). Parolees are thus subject to various state-imposed intrusions on their privacy, including mandatory drug tests, meetings with parole officers, and travel restrictions. Id. at 851, 126 S.Ct. 2193. California law also specifically provides that all parolees shall be "subject to search or seizure by a probation or parole officer or other peace officer at any time of the day or night, with or without a search warrant or with or without cause." Cal. Penal Code 3067(b)(3).

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