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E.D.Pa.: Parolee's admission he hung out with potsmokers justified parole search

By John Wesley Hall, Jr.

Defendant’s admission that he hung out with pot smokers was enough to justify a parole search of his premises. Under Pennsylvania law, however, the parole officer had to have reasonable suspicion for a search of his car for drugs, and that was lacking in this case. United States v. Rivera, 2010 U.S. Dist. LEXIS 73822 (E.D. Pa. July 22, 2010).* Defendant’s claim that defense counsel was ineffective for not seeking a copy of the 911 call that reported a gang fight was about to start was hardly valid, considering officers responding to the call saw defendant with a shotgun in hand and arrested him. That was the basis for his arrest, not the call. Rivera v. United States, 2010 U.S. Dist. LEXIS 73976 (D. Conn. July 22, 2010).* Defendant’s investigative detention was justified...continue to full post

Full post as published by Fourth Amendment on July 24, 2010 (boomark / email).