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Criminal Practice – Search & Seizure – ‘Directly Related’ to Probation – Marshalls’ Task Force
Teresa Bruno, Opinions Editor//May 18, 2017//
Criminal Practice – Search & Seizure – ‘Directly Related’ to Probation – Marshalls’ Task Force
Teresa Bruno, Opinions Editor//May 18, 2017//
State v. Powell (Lawyers Weekly No. 011-158-17, 23 pp.) (Mark Davis, J.) Appealed from Catawba County Superior Court (Richard Boner, J.) N.C. App.
Holding: In 2009, the General Assembly amended G.S. § 15A-1343(b)(13) so that warrantless searches of a probationer’s home – which formerly had to be only “reasonably” related to his probation supervision – now must be “directly” related to the probation supervision. The state failed to show any such direct relationship when officers conducted a random, warrantless search of defendant’s home as part of a U.S. Marshalls’ task force that generally targeted violent gang members (but not always; in this case, defendant had been convicted of felony breaking or entering and was not shown to be involved with a gang) without even notifying defendant’s probation officer.
We reverse the trial court’s denial of defendant’s motion to suppress and vacate his conviction of possession of a firearm by a felon.
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