Probationer’s agreement to “permit” search of residence as condition of probation authorizes search at any time upon reasonable suspicion

SEARCH & SEIZURE United States v. Carter, No. 06-4263, ___ F.3d ___ (10th Cir. Jan. 3, 2008)(Utah). Appeal of convictions for defrauding bank, aggravated identity theft, and receiving stolen mail in violation of 18 U.S.C. §§ 1344, 1028(a)(1), 1708. HELD: Language in probation agreement in which defendant agrees to “permit” search of residence by probation officers upon reasonable suspicion authorizes search at any time. Agreement to “permit” search does not mean that defendant must give active consent to search by officers. Read the opinion here.