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 the reasons that 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 that they must accept 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 agree to these searches in their signed "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 that reduce Fourth Amendment protections for probationers and parolees are reasonable.
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