In a victory for the privacy rights of defendants awaiting trial while on their own recognizance, the 9th U.S. Circuit Court of Appeals ruled Friday that even if a defendant agrees to warrantless searches in exchange for pretrial release, police still can't search him without probable cause. The panel says its opinion is one of first impression among all the federal circuit courts, and dissenting judge Jay Bybee predicted a widespread impact on federal and state pretrial proceedings.
September 13, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Even if a defendant agrees to warrantless searches in exchange for pretrial release, police still can’t search him without probable cause, the 9th U.S. Circuit Court of Appeals ruled Friday.
In a victory for the privacy rights of defendants awaiting trial while on their own recognizance, a 2-1 majority threw out evidence Nevada authorities had received by testing Raymond Scott for drugs without probable cause.
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