U.S. v. Carnes

1 Analyses of this case by attorneys

  1. Search and Seizure - Probationer / Parolee / Pretrial Release

    Garland, Samuel & Loeb, P.C.Don SamuelSeptember 1, 2015

    On rehearing en banc, 372 F.3d 1048 (2004), the court assumed that this holding was true, without deciding whether it was, but held that the resulting confession was the not subject to suppression.United States v. Carnes, 309 F.3d 950 (6th Cir. 2002)The Michigan defendant in this case was subject to a condition of parole that provided that parole officers could conduct a warrantless search based on reasonable cause to believe a violation of parole occurred. This only authorizes a warrantless search where the police are motivated by a concern with a violation of parole, not some other purpose.