parolee making the warrant requirement (Arkansas) · Go Syfert
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parolee making the warrant requirement in Arkansas

8 Arkansas opinions name it 2 courts 2001–2024 3 in the last five years

The cases below were cited by Arkansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Cherry v. Stategreen
ark · 1990 · cited in 4 Arkansas opinions naming this issue, 2001–2009
2 sentences

2009The supreme court has held that a parolee’s advance consent is valid because the parolee remains in the custody of the penal institution from which he is released, and the “special needs of the parole process call for intensive supervision of the parolee making the warrant requirement impractical.” McFerrin v. State, 344 Ark. 671, 678-679 , 42 S.W.3d 529, 534 (2001) (quoting Cherry v. State, 302 Ark. 462, 467 , 791 S.W.2d 354, 357 (1990)).

2009The supreme court has held that a parolee’s advance consent is valid because the parolee remains in the custody of the penal institution from which he is released, and the “special needs of the parole process call for intensive supervision of the parolee making the warrant requirement impractical.” McFerrin v. State, 344 Ark. 671, 678-679 , 42 S.W.3d 529, 534 (2001) (quoting Cherry v. State, 302 Ark. 462, 467 , 791 S.W.2d 354, 357 (1990)).

44
Lane v. Stategreen
ark · 2017 · cited in 2 Arkansas opinions naming this issue, 2024–2024
2 sentences

2024We explained that waivers granting consent in advance to such searches “do not violate the Fourth Amendment because the special needs of the parole [probation] process call for intensive supervision of the parolee making the warrant requirement impractical and because parolees have a diminished expectation of privacy.” Lane, 2017 Ark. 34, at 3 , 513 S.W.3d at 233 (cleaned up).4 We hold that law enforcement need only have a reasonable suspicion that the probationer is residing in the place to be searched for officers to execute a warrantless search pursuant to a residence-search waiver.

2024We explained that waivers granting consent in advance to such searches “do not violate the Fourth Amendment because the special needs of the parole [probation] process call for intensive supervision of the parolee making the warrant requirement impractical and because parolees have a diminished expectation of privacy.” Lane, 2017 Ark. 34, at 3 , 513 S.W.3d at 233 (cleaned up).4 We hold that law enforcement need only have a reasonable suspicion that the probationer is residing in the place to be searched for officers to execute a warrantless search pursuant to a residence-search waiver.

22
McFerrin v. Stategreen
ark · 2001 · cited in 2 Arkansas opinions naming this issue, 2007–2009
2 sentences

2009The supreme court has held that a parolee’s advance consent is valid because the parolee remains in the custody of the penal institution from which he is released, and the “special needs of the parole process call for intensive supervision of the parolee making the warrant requirement impractical.” McFerrin v. State, 344 Ark. 671, 678-679 , 42 S.W.3d 529, 534 (2001) (quoting Cherry v. State, 302 Ark. 462, 467 , 791 S.W.2d 354, 357 (1990)).

2009The supreme court has held that a parolee’s advance consent is valid because the parolee remains in the custody of the penal institution from which he is released, and the “special needs of the parole process call for intensive supervision of the parolee making the warrant requirement impractical.” McFerrin v. State, 344 Ark. 671, 678-679 , 42 S.W.3d 529, 534 (2001) (quoting Cherry v. State, 302 Ark. 462, 467 , 791 S.W.2d 354, 357 (1990)).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Griffin v. Wisconsin green
scotus · 1987
1 sentence

2021Id.

12021–2021
State v. Brummell green
moctapp · 1987
1 sentence

2017As part of his “Conditions of Release” from the Arkansas Department of Correction, Lane consented to a warrantless search and seizure of his “person, place of residence, and motor vehicles.” In Cherry, we held that such consents-in-advance do not violate the Fourth Amendment because “[t]he special needs of the parole process call for intensive supervision of the parolee making the warrant requirement impractical” and because parolees have a “diminished expectation of privacy.” Id at 467, 731 S.W.2d at 357 .

12017–2017

Statutes the citing opinions construe

AR § Ark. Code Ann. § 16-93-106 (3) AR § Ark. Code Ann. § 16-93-701 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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