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Searches and Seizures of Parolees in New York: What You Need to Know

What are the rights of a parolee when an officer wants to conduct an invasive search or seizure? In New York, recent case law explored this very question, looking at the circumstances under which a defendant can successfully challenge a search based on his constitutional right to privacy. According to the case, parolees do not, in fact, surrender their fundamental constitutional rights against unreasonable searches and seizures. The case is a win for individuals on parole in New York.

Facts of the Case

The defendant in this case challenged an officer’s search of his pockets. The defendant was on parole, which meant he could be subject to officers searching his home without warning. One day, officer came by his house while looking for a fugitive he suspected might be in the defendant’s home. The officer did not find the fugitive, but the officer did notice a bulge in the defendant’s pocket. The officer then searched the defendant’s person and found heroin in his headphone case. The defendant later faced charges of drug possession.

“Reasonable” Relationship

The court reviewing the facts of the case had to decide whether this search was reasonable. The court first noted that the standard for searches for parolees is different than for those not on parole. According to already-existent New York case law, an officer’s search of a parolee has to do with whether the officer’s conduct was “reasonably related” to that officer’s duty.

Here, said the court, the officer’s duty was to try and find the fugitive. This duty on the day in question had nothing to do with the defendant. Therefore, the search was not “reasonably related” to this specific goal, and the search was a violation of his right to privacy.

Implications of the Case

With this case, more parolees will be able to successfully challenge an officer’s search and/or seizure. While parolees generally have fewer rights than those not on parole, the case serves as a reminder that the constitution still protects parolees from fundamental violations of their privacy. It is important to remember that if you are on parole and you even slightly suspect that an officer might have violated your rights, it is worthwhile to speak with a qualified New York criminal defense attorney who can help you figure out if you have a case against the search.

Do You Need a New York Drug Attorney by Your Side?

At Tilem & Associates, our New York drug attorneys leverage decades of experience to fight our clients’ charges and work tirelessly to get the charges dropped. Our team is proud to represent the accused in New York, because we believe that every defendant deserves the best, most hardworking team of attorneys they can get. For a free and confidential consultation with one of our New York drug attorneys, give us a call today at 877-377-8666. You can also fill out our online form to have a member of our team reach back out to you as soon as possible to discuss the details of your case.

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