State v. Jaskowski, 409 P.3d 837

In 2014 Jaskowski pleaded guilty to misdemeanor DUI and entered 18 months supervised probation; his supervision agreement included a clause consenting to "warrantless searches ... at the request of my Probation Officer."
On April 15, 2016, police stopped Jaskowski for driving with denied privileges after a warrant for his arrest was recalled; his probation officer arrived on scene.
The probation officer announced he was going to search Jaskowski’s pickup, began the search without asking Jaskowski to submit, and later asked police to take Jaskowski into custody; police completed the search.
Officers discovered two methamphetamine pipes; Jaskowski admitted recent use and was charged with felony possession plus misdemeanors.
The district court found the probation officer never requested consent to search (only declared an intention) and suppressed evidence under State v. Turek; the State appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a probation condition permitting warrantless searches "at the request of" an officer allows an officer to simply announce an intent and proceed without requesting the probationer to submit	State: "At the request of" requires only informing the probationer of the officer's intent; the probation condition constitutes a broad waiver of Fourth Amendment rights	Jaskowski: The clause conditions the waiver on an actual request to the probationer to submit to a search; an announcement without a request exceeds the scope of the waiver	Court: The phrase "at the request of" requires an actual request to submit when the probationer is present; because no request was made, the search exceeded the waiver and suppression was affirmed.

State v. Turek, 150 Idaho 745 (Ct. App. 2011) (interpreting "at the request of" language to require informing the probationer of an impending search and emphasizing scope-of-consent analysis)
State v. Purdum, 147 Idaho 206 (Idaho 2009) (probation search/ seizure analysis depends on waiver language; consent can imply limited seizures tied to probation terms)
State v. Gawron, 112 Idaho 841 (Idaho 1987) (upholding an express, broad waiver of Fourth Amendment rights in probation agreement)
State v. Hindman, 866 P.2d 481 (Or. Ct. App. 1993) (court concluded "at the request of" requires prior request to probationer)
People v. Mason, 488 P.2d 630 (Cal. 1971) (considered in construing probation search clauses and limits on unannounced searches)