Monder Law Group - News
Fourth Amendment Waiver
What is it?
It is waiver of a person’s right to warrantless searches and/or seizures of the person and his or her belongings.
Who does it apply to?
Parolees, probationers, and pre-trial defendants whose offenses relate to theft, narcotics or involve weapons.
Who has the right to carry it out?
Law enforcement officers, probation officers, border patrol agents, and other peace officers.
How does it work?
Parolees, probationers and pre-trial defendants agree prior to the fact to waive any objections to being subjected to searches and seizures as a condition of his or her release from custody.
A parolee or probationer is required to submit to searches and seizures by his or her parole or probation officer at any time of the day or night, with or without a search warrant, and with or without probable cause as a condition of parole or probation.
Defendants pending trial may be released on their own recognizance and required to submit to similar searches and seizures by law enforcement if such searches or seizures are reasonably related to the offense of the pending case and conducted in order to prevent and detect further crimes by the person.
What can be searched under a Fourth Amendment Waiver?
The parolee or probationer’s person, his or her belongings, car, and residence. It is important to note that anyone else riding in the car or living in the residence of a person subjected to a Fourth Amendment Waiver will also be subjected to search. However, residence searches should be limited to the common areas that the parolee or probationer has access to.
When does a Fourth Amendment Waiver expire?
A Fourth Amendment Waiver expires when the person’s probation ends, parole is discharged, or at the commencement of the defendant’s trial.
When is a Fourth Amendment waiver inappropriate?
If the Fourth Amendment waiver is not related to the crime convicted of but instead relates to conduct that is not criminal and the waiver does not prevent future criminal behavior, it is considered inappropriate and should be challenged.
The consequences of a Fourth Amendment Waiver may prove to be more detrimental than helpful to your case. Remember that a Fourth amendment waiver does not only impact you but can reach the loved ones in your life. Let us review the specifics of your case and help you decide if this is in fact a good option for you.