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Convict under home detention as a part of sentence is treated the same as a prisoner for Fourth Amendment purposes

By John Wesley Hall, Jr.

Defendant under home detention on the back end of his prison sentence was legally the same status as a prisoner, and he had no expectation of privacy in his home. Also, he was shown a video before he joined the program that told him he was subject to a search of his house the same as a prisoner's cell is subject to search. United States v. Smith, 2008 U.S. App. LEXIS 10888, 2008 FED App. 0192P (6th Cir. May 22, 2008).* Tribal police officers' conduct is measured under the Fourth Amendment, the same as a police officer outside his or her jurisdiction, something not a Fourth Amendment issue. United States v. Erickson, 2008 U.S. Dist. LEXIS 40609 (D. S.D. May 8, 2008): Like in Abbott, the reason the tribal officers' actions are in question is the result of the law of their sovereign...continue to full post

Full post as published by Fourth Amendment on May 23, 2008 (boomark / email).