Jarman v. State, 11/30/18, COA (Vaidik) – Agreeing to a search without probable cause does not justify a search without suspicion.
D was on community corrections for a domestic battery conviction and had signed a waiver consenting to searches “without a warrant and without probable cause.” Officers received anonymous reports that V was possibly living at the residence, that D had purchased alcohol and had been drinking, and he may have been abusing his Adderall medication. Officers searched the house and found methamphetamine, and D was charged and convicted of possession. On appeal, the COA held that D had signed a waiver to search with no probable cause, but that did not mean officers could conduct a suspicionless search. The waiver should have specified that D consented to search without cause. Reversed.
- Posted by Mary
- On January 14, 2019
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