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Probation work place search of computer for child porn was valid

By John Wesley Hall, Jr.

Probation search condition that permitted search of work place computer was not unreasonable and furthered the purposes of probation. United States v. Proctor, 2008 U.S. App. LEXIS 11789 (3d Cir. June 2, 2008) (unpublished). Curiously, in a warrantless search case, the court implicitly puts the burden in the defense to show that the search was unreasonable rather than the government to show it was reasonable. But, at bottom, it ulimately isn't that simple because the search was found valid before the court said he cannot show it was was not: Proctor cites no case holding that it is unreasonable to require a supervised releasee to submit to a warrantless search of his workplace. Indeed, imposing this condition on Proctor, who used computer software to share images depicting child pornography with others over the internet, is reasonably related to the § 3553(a) factors of deterrence, protection, and rehabilitation...continue to full post

Full post as published by Fourth Amendment on June 05, 2008 (boomark / email).