United States v. Barner
2012 U.S. App. LEXIS 768
| 2d Cir. | 2012Background
- Barner, a felon on New York parole, agreed to conditions including search/privacy waivers of his person, residence, and property.
- Parole officer investigated alleged firearm crime by Barner, leading to a search of Barner’s residence and a storage area near his apartment.
- Parole officers obtained a warrant for Barner’s arrest for parole violations and conducted a search after transporting him to his residence.
- The storage-room search yielded firearms and ammunition forming the basis for the felon-in-possession charge.
- The district court suppressed the evidence, concluding Barner’s release to parole had been revoked and the consent to search was ineffective; the government appealed U.S. § 3731.
- The Second Circuit analyzed whether the search could be sustained under the special-needs exception to the Fourth Amendment, given parole supervision duties.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the storage room search was valid under the special needs doctrine. | Barner’s consent to search was not operative; release revoked. | Search related to parole duties; consent not required beyond Huntley rationale. | Yes; search upheld under special needs doctrine as reasonably related to parole duties. |
| Whether Barner’s arrest affected the validity of the search within parole. | Arrest removed him from parole release, negating consent. | Arrest did not defeat parole duties; Huntley standard controls. | Arrest did not render the search invalid under Huntley. |
Key Cases Cited
- Grimes v. United States, 225 F.3d 254 (2d Cir. 2000) (parole searches may be reasonable under special needs)
- Huntley v. People, 43 N.Y.2d 175 (N.Y. 1977) (whether parole search is reasonable depends on relation to parole duties)
- Grimes/see Huntley discussion, 225 F.3d 254 (2d Cir. 2000) (special needs doctrine governs parole searches)
- Newton v. Massey, 369 F.3d 659 (2d Cir. 2004) (probation/parole framework informs reasonableness of searches)
- United States v. Polito, 583 F.2d 48 (2d Cir. 1978) (parole-related searches and privacy expectations)