Question

A man on parole after being convicted of possession of cocaine was suspected of selling cocaine out of his home. His parole officer came to his house and rang the bell. As soon as the man opened the door to see who was there, the officer entered the home, despite the man's protests. After searching the home, the parole officer discovered several bags of marijuana in a drawer. The man was arrested and charged with possession of marijuana with intent to sell. A statute in the jurisdiction in which the search took place provides that, as a condition of parole, a parolee is on notice that his parole officer may conduct a search of the parolee's person or home, without probable cause, at any time of the day or night. The man moved to have evidence of the marijuana suppressed by the court, claiming that the state statute that authorized the search was unconstitutional under the Fourth Amendment prohibition of unreasonable searches and seizures. Will he prevail?

Answer 1

The man will prevail in his quest for the evidence of the marijuana to be suppressed by the court based on the Fourth Amendment. Because, the Fourth Amendment guarantee all American citizens their Freedoms and rights as an individual.

It simply means that, the parole officer should have obtained a consent from the parolee person before entering his house. Alternatively, the parole officer should have been empowered by the court in form of warrant to enter the house.

Lack of this, means that the search was illegal despite the fact that, the jurisdiction where the man lives empowers the parole officer to enter his house under probable cause.

Step-by-step explanation: