What Level of Suspicion Is Required to Arrest for a Probation Violation?

There aren’t very many federal cases about North Carolina probation. When we get one, I’m inclined to write about it. In Jones v. Chandrasuwan, __ F.3d __ (4th Cir. 2016), the Fourth Circuit announced a new rule about the level of suspicion required to arrest a probationer for a suspected probation violation. Stanley Jones pled guilty to indecent liberties with a student in 2010. He was sentenced to 24 months of supervised probation and ordered to pay costs and a fine pursuant to a schedule set by his probation officer. He transferred supervision from North Carolina to Georgia under the Interstate Compact for Adult Offender Supervision. As his probation neared completion, an administrative review by North Carolina revealed that Jones hadn’t paid any of his money. A North Carolina officer eventually prepared a violation report, alleging the monetary violation. When mail to Jones’s Georgia address was returned undelivered, the officer also alleged an absconding violation. The officer presented the violations to a North Carolina magistrate and obtained an order for arrest. Federal officials carried out the arrest in Georgia. The violations were dismissed when Jones paid his money—but not before he lost his job. Jones filed a civil rights lawsuit against the North Carolina probation officers responsible for his case. He alleged that they violated his Fourth Amendment rights by seeking his arrest without reasonable suspicion or probable cause. The federal district judge granted summary judgment in favor of the defendant probation officers, concluding that the officers were entitled to qualified [...]