Cell phone warrants....

[Heiko]

OP: When you refer to "your DA" are you talking about the actual elected DA or a DDA? I don't know what county you're in but if you're from a small county it could very well be the DA so I thought I'd ask. If it's the actual DA then it's a dead end there but if it's a DDA then maybe ask others DDAs. Perhaps contact DDAs or the supervisor of the filing division to see what they want since they would make most calls on whether there is a search and seizure issue in a case you submitted.

Another thought I just had is whether a parolee of probationer's search terms include searching the contents of electronic devices such as cellphones, computers, USB drives, etc. those are specific items for which permission is requested in search warrants and I have seen probation search terms that include such things homes and cars but do not necessarily specify that electronic devices like phones and digital media storage devices can be searched. Perhaps your county has an absolute waiver of Fourth Amendment rights for probationers.

[1CavScout]

Which goes back to my first post in this thread
You always have the consent option



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True...

[Eric B]

OP: When you refer to "your DA" are you talking about the actual elected DA or a DDA? I don't know what county you're in but if you're from a small county it could very well be the DA so I thought I'd ask. If it's the actual DA then it's a dead end there but if it's a DDA then maybe ask others DDAs. Perhaps contact DDAs or the supervisor of the filing division to see what they want since they would make most calls on whether there is a search and seizure issue in a case you submitted.

Another thought I just had is whether a parolee of probationer's search terms include searching the contents of electronic devices such as cellphones, computers, USB drives, etc. those are specific items for which permission is requested in search warrants and I have seen probation search terms that include such things homes and cars but do not necessarily specify that electronic devices like phones and digital media storage devices can be searched. Perhaps your county has an absolute waiver of Fourth Amendment rights for probationers.

The way I got it the directive, it was from a DDA, which is why I was fired up. When I got to work I didn't need to bring it up for discussion because everyone was pissed and the command staff was already dealing with it. The consensus was, just keep doing your job within the confines of the law and let the command deal with the DA's office.


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[Marty33]

All Parolees have a search clause. Home, vehicle, cell phone, everything.
Probation is different than parole. There is Federal probation, but that only allows a search with the federal probation officer present.
All other probationers are on "County" probation, most have a search clause but some do not.
BTW, my record so far is arresting a guy who was on SIX separate counts of probation! This is in Contra Costa County, where probation, even felony probation, is a sad joke.

[kermit315]

Anybody get anything in the way of a legal update from their agency on this yet? I haven't seen anything in my email.

[Shadowdrop]

My dept put out a training bulletin but it does not mention probation/parole. Presumably because they understand this case does not apply to probation or parole conditions. I can and have searched probationer's computers and had successful convictions on information I've found on them. No warrant needed.

[rgray]

To the OP, I would seek out your supervising DA and talk that through. Writing a search warrant for something that is clearly not needed is really bad practice.