334 P.3d 953
Okla. Crim. App.2014Background
- June 2012 tip alleged Terry, a parolee, was manufacturing meth in his Ottawa County apartment.
- Terry signed Rules and Conditions of Parole stating his person, vehicle, and property were subject to search.
- A warrantless search of the apartment occurred three weeks after the tip and recovered meth-related items and chemicals.
- A padlocked closet and an adjoining vacant apartment were opened; additional meth-related materials were found.
- Terry moved to suppress the evidence; the district court denied suppression; the court of appeals affirmed the conviction and sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether warrantless search of a parolee’s home violated the Fourth Amendment | Terry denies blanket waiver; argues lack of individualized suspicion for a search of the home. | State relies on parole agreement allowing searches at any time/place, with diminished privacy expectations. | Search reasonable under parole conditions; not a violation. |
| Standing to challenge search of padlocked closet and vacant adjoining apartment | Terry had privacy interest in the closet and adjoining apartment. | No legitimate expectation of privacy in the padlocked closet or vacant adjoining apartment. | Terry had no legitimate expectation of privacy; standing lacking for these areas. |
| Reasonableness framework for parolee searches under Samson/Knights | Samson and related precedent limit warrantless searches of parolees. | Parole condition on searches permits suspicionless searches given reduced privacy. | Search is reasonable; applicable Fourth Amendment standard satisfied. |
Key Cases Cited
- Rakas v. Illinois, 439 U.S. 128 (1979) (standing requires legitimate expectation of privacy)
- Griffin v. Wisconsin, 483 U.S. 868 (1987) (probation searches; supervisory context; special needs discussed)
- Knights v. United States, 534 U.S. 112 (2001) (reasonable suspicion allows search; probationary context; no blanket rule for all searches)
- Samson v. California, 547 U.S. 843 (2006) (parolees; warrantless searches permissible under implied waiver balance against government interests)
- Champeau v. State, 678 P.2d 1192 (1984) (standing burden on defendant to prove legitimate privacy expectations)
- Morrissey v. Brewer, 408 U.S. 471 (1972) (parole is release on condition; related guidance on supervisory expectations)
- State v. Marcum, 2014 OK CR 1, 319 P.3d 681 (2014) (OK criminal appeals guidance on Fourth Amendment considerations)