State v. Hansen, 477 P.3d 885

Hansen, on felony probation, was stopped for a traffic infraction on I-90; he told the officer he was on probation and had signed a Fourth Amendment waiver as a probation condition.
During the stop Hansen expressed discomfort and twice declined to give the officer consent to search his vehicle.
The officer attempted to contact Hansen’s probation officer, could not reach one, and proceeded to search the vehicle anyway, finding drug paraphernalia and suspected methamphetamine; Hansen was arrested and indicted.
Hansen moved to suppress the evidence; the district court granted the motion, concluding Hansen had effectively revoked the probationary consent and the officer lacked reasonable suspicion for the search.
The State appealed; the Idaho Supreme Court reviewed whether a probationer can unilaterally revoke a Fourth Amendment waiver given as a probation condition and whether the search fell within the waiver’s scope.
The Idaho Supreme Court reversed, holding a probationer cannot unilaterally revoke such a waiver at the scene and that the search was within the waiver’s scope.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a probationer can revoke a Fourth Amendment waiver given as a probation condition during a traffic stop	State: Consent as a probation condition cannot be revoked unilaterally; revocation requires a due-process/court hearing	Hansen: He withdrew consent during the stop; search therefore unlawful	Probationary consent cannot be revoked unilaterally at the scene; revocation must be sought in court; district court erred
Whether the vehicle search was within the scope of Hansen’s probationary waiver	State: Waiver language permits law enforcement to search vehicles; officer acted within waiver scope	Hansen: Even if he signed a waiver, he withdrew consent and search exceeded permissible limits	Waiver expressly covered vehicles and law enforcement officers; search fell within waiver scope and was reasonable

United States v. Knights, 534 U.S. 112 (recognizing diminished privacy of probationers and reasonableness balancing)
Samson v. California, 547 U.S. 843 (upholding suspicionless parole searches under certain conditions)
Schneckloth v. Bustamonte, 412 U.S. 218 (State bears burden to prove consent was voluntary)
Mapp v. Ohio, 367 U.S. 643 (exclusionary rule for Fourth Amendment violations)
State v. Maxim, 165 Idaho 901 (discussing searches under probationary Fourth Amendment waivers)
State v. Jaskowski, 163 Idaho 257 (analyzing scope of probation-waiver searches using contract-like interpretation)
State v. Halseth, 157 Idaho 643 (recognizing the right to withdraw previously given consent in non-probation context)