Supervised Release Probation Officers Prior Approval

RECENT CASE SUMMARIES:
US V. SALES
9th Circuit

Conditions of supervised release imposed on defendant as part of his sentence for counterfeiting U.S. federal reserve notes are vacated in part and remanded where: 1) a condition requiring that defendant seek and obtain approval from his probation officer before using any particular computer or computer-related device results in an unnecessary deprivation of defendant's liberty; and 2) a related search and seizure condition was also overbroad.

http://caselaw.lp.findlaw.com/data2/circs/9th/0650219p.pdf

Illegal protective sweep

US v. Walker, No. 05-2287 (10th Cir. January 31, 2007)

Denial of a motion to suppress evidence in a prosecution for being a felon in possession of firearms and ammunition is reversed and remanded where: 1) a warrantless protective sweep of defendant's home after he had been handcuffed and removed to the porch may have been impermissible because defendant had not yet been arrested when the sweep was conducted, for purposes of being incident-to-arrest; but 2) a remand is necessary to determine whether the sweep was proper under the exigent-circumstances doctrine based on a threat to the victim's safety. http://laws.lp.findlaw.com/10th/052287.html