What is the reasonable expectation of privacy of a probationer?

The reasonable expectation of privacy of a probationer is "lower than someone who has completed probation or who has never been convicted of a crime." (Lara, supra, 815 F.3d at p. 610, citing United States v. Knights (2001) 534 U.S. 112, 120.) But while the privacy interest of a probationer has been "'significantly diminished,' [citation], it is still substantial." (Lara, supra, at p. 610.) The court held that when "'"privacy-related concerns are weighty enough" a "search may require a warrant, notwithstanding the diminished expectations of privacy of the arrestee."'" (Id. at p. 612.) The court found that as a nonviolent probationer who did not clearly and unambiguously consent to the cell phone search, "Lara's privacy interest was somewhat diminished, but that interest was nonetheless sufficiently substantial to protect him from the two cell phone searches at issue here." (Ibid.)

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