Why don't searches of probationers and parolees require warrants or probable cause to be reasonable?
What will be an ideal response?
There are multiple explanations for why searches of probationers and parolees don't
require warrants or probable cause to be reasonable. These explanations are:
(1) Some courts say that because probationers and parolees are still in custody and
conditional release is a privilege, not a right, one of the conditions of this privilege is to
be searched at the discretion of the State.
(2) Some courts say these searches without warrants or probable cause are consent
searches? probationers and parolees sign and agree to these searches in their "contract
of release.".
(3) Some courts adopt a balancing approach to searches of probationers and parolees.
Probation and parole are risks taken to help rehabilitate convicted offenders. Laws to
protect society from further crime reducing Fourth Amendment protections for
probationers and parolees are reasonable.
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