Bloomberg Law’s® extensive network of reporters and editors helps subscribers to stay ahead of legal
The warrantless search of a sex offender’s mobile phone at a supervised release facility was constitutional, the U.S. Court of Appeals for the Eighth Circuit held Aug. 10 ( United States v. Jackson , 2017 BL 279348, 8th Cir., No. 16-3807, 8/10/17 ).
Rejecting Richard Jackson’s Fourth Amendment challenge, Judge Steven M. Colloton’s opinion cited Samson v. California, in which the U.S. Supreme Court approved the warrantless search of a parolee.
“Like the parolee in Samson, Jackson was on clear notice that he was subject to the suspicionless search at issue,” the circuit court said here.
In 2015, Jackson was on supervised release at an Iowa correctional reentry facility. The facility banned mobile phones but he had one anyway.
Jackson’s probation officer searched his phone without a warrant and saw a website that apparently depicted underage females. The government later secured a warrant to search the phone and found thirty-seven images of child pornography.
The warrantless search was legal, the circuit court said. Jackson didn’t have an expectation of privacy in his phone that society would recognize as legitimate, and the government had substantial interests that justified the search, it said.
Colloton’s opinion was joined by Judges Duane Benton and John M. Gerrard, sitting by designation from the U.S. District Court for the District of Nebraska.
To contact the reporter on this story: Jordan S. Rubin in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: C. Reilly Larson at email@example.com
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)