An interesting Suppression issue under the law is what are the rights of people who are on state parole to be free of search and seizures under the 4th amendment from their parole agents? Miranda Rights Generally speaking, if the police want to enter someone’s home, they must have the consent of the owner of the home or a search warrant permitting them entry into the house in order to search for contraband. (If they do not do this then their is a Suppression issue raised whereby the Defendant may have the fruits of the search suppressed). However, an individual on state parole does not have as much of a privacy right from searches made by his parole agents. And generally, parole agents can enter their parolee’s homes and search their homes so long as they satisfy a fairly low legal standard.
The reason for this is that individuals on state parole have had to surrender a portion of their liberty as a result of their being convicted of crime which sent them to state prison. Accordingly, people on state parole have less rights when dealing with their state parole agents, since state parole agents are in a supervisory relationship with their offenders. According to Pennsylvania statutes, the purpose of the supervision that state parole agents have over their parolees is to assist the offenders in their rehabilitation and assimilation into the community and to protect the public. Learn about Exigent circumstances Therefore, generally speaking, state parole agents do not need search warrants in order to search individuals that they supervise.
When an individual is released from state prison and put on state parole, they generally have to enter into a contract with their state parole agent, permitting the state parole agent to search the parolee’s habitat so long as the parole agent has reasonable suspicion that criminal activity is afoot. This standard f reasonable standard is significantly smaller than the “probable cause” requirement needed for law enforcement to search an individual’s home. Pennsylvania courts have gone further finding that state parole agents are permitted to walk a parolees home and that such walking of the homes are not committed searches under the 4th amendment.