925 N.W.2d 429
N.D.2019Background
- In Nov. 2017 Stenhoff was placed on two years supervised probation with a written search condition covering person, residence, and vehicle.
- A petition to revoke probation issued Jan. 30, 2018, and a fugitive-apprehension search warrant was executed at Stenhoff’s last reported address on Feb. 5–6, 2018; officers arrested him at that location.
- During an officer-safety sweep at the time of arrest, a child at the residence told officers something implicating the presence of illegal drugs; no drugs were in plain view then.
- Approximately 14 hours after arrest, law enforcement and Stenhoff’s probation officer returned and conducted a warrantless probationary search of the residence, seizing drugs, paraphernalia, and a rifle.
- Stenhoff moved to suppress; the district court granted suppression, holding the delayed warrantless probation search was unreasonable. The State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a warrantless probationary search of the residence 14 hours after arrest was reasonable under the Fourth Amendment | Probable appellant (State) argues supervised probation reduces privacy; the child’s statement gave reasonable suspicion to conduct a probation search without a warrant | Stenhoff argues probation conditions no longer apply once arrested/in custody and the delayed warrantless search was unreasonable; court should have required a warrant | Reversed: search was reasonable under the totality of circumstances because (1) Stenhoff remained subject to probation conditions while in custody and (2) the child’s statement provided reasonable suspicion supporting a probationary search |
Key Cases Cited
- Samson v. California, 547 U.S. 843 (2006) (totality-of-circumstances reasonableness analysis for searches of those subject to supervisory conditions)
- U.S. v. Knights, 534 U.S. 112 (2001) (probationer subject to search condition may be searched on reasonable suspicion)
- State v. White, 2018 ND 266, 920 N.W.2d 742 (N.D.) (supervised probationer has lower expectation of privacy; reasonable suspicion standard for searches)
- State v. Ballard, 2016 ND 8, 874 N.W.2d 61 (N.D.) (Fourth Amendment analysis for probationary searches)
- State v. Maurstad, 2002 ND 121, 647 N.W.2d 688 (N.D.) (probationary search constitutionality and reasonable-suspicion framework)
- State v. Boehm, 2014 ND 154, 849 N.W.2d 239 (N.D.) (procedural limits on State appeals from suppression orders)