Parolee may retain expectation of privacy against warrantless search depending on state law and nature of consent granted in parole agreement

SEARCH & SEIZURE United States v. Freeman, No. 05-3437, ___ F.3d ___ (10th Cir. Mar. 6, 2007)(Kansas). Appeal of conviction for being felon in possession of firearm in violation of 18 U.S.C. § 922(g)(1). HELD: District court erred in denying parolee-defendant’s motion to suppress evidence seized during warrantless house search by police. Under Kansas Department of Corrections rule and consent agreement with parolee permitting search of parolee residence without cause but only under supervision of parole officer, police officers’ warrantless search of parolee’s residence at behest of Corrections Department conducted at random without parole officer or reasonable suspicion of parole violation was unlawful search. When ordinary law enforcement officers conduct warrantless search of parolee residence without reasonable suspicion of parole violation, search exceeds parolee’s substantially diminished expectation of privacy and therefore violates Fourth Amendment balancing test described in Samson v. California, 126 S. Ct. 2193 (2006). Read the opinion here.