Not All Warrantless Searches of Probationers Are “Directly Related” to Probation Supervision

Since 2009, all North Carolina probationers are subject to a regular condition of probation allowing warrantless searches of their person, vehicle, and premises by a probation officer. Under legislation passed that year, those searches must be for purposes “directly related to the probation supervision.” G.S. 15A-1343(b)(13). How related to probation must a search be to be “directly related”? A recent case sheds some light. The case is State v. Powell. Danny Powell was on probation for felony breaking or entering. Like all probationers, he was subject to warrantless searches by his probation officer. In 2015, he was one of seven or eight probationers identified by local probation authorities as targets to be searched by an interagency task force led by the U.S. Marshals Service. One evening, a team made up of three North Carolina probation officers (none of whom was Powell’s supervising officer), a police officer, and two or three marshals searched Powell’s home. They found two guns. Powell was indicted and tried for possession of firearm by a felon. At trial, the defendant filed a motion to suppress evidence of the firearm, arguing that the warrantless search violated his Fourth Amendment rights and G.S. 15A-1343(b)(13) because it was not directly related to his probation. The trial court denied the motion and Powell was convicted. On appeal, Powell argued that the trial court erred by denying his motion to suppress, because the State did not meet its burden of showing that the search was for a purpose allowed under the warrantless [...]