Current through Vol. 24-19, November 1, 2024
Section R. 791.7735 - Search of parolee's person or propertyRule 735.
(1) A parole agent may conduct a warrantless search of a parolee's person or property under any of the following circumstances:(a) Incident to a lawful arrest pursuant to section 39 of Act No. 232 of the Public Acts of 1953, as amended, being S791.239 of the Michigan Compiled Laws.(b) A stop and frisk, if there is reasonable cause to believe that the parolee is presently involved in criminal conduct, has violated a condition of parole, or is carrying a weapon.(c) Seizure of evidence or contraband in plain view.(d) With the consent of the parolee or a third party having mutual control over the property to be searched.(2) Where none of the circumstances specified in subrule (1) of this rule are present and there is reasonable cause to believe that a violation of parole exists, a parole agent may conduct a search of a parolee's person or property if, as soon as possible thereafter, the parole agent files a written report with his or her supervisor setting forth the specific reasons for the search, describing the location or place searched, and describing the specific items seized.Mich. Admin. Code R. 791.7735