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Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status
Loaded on Nov. 15, 2020
by Anthony Accurso
published in Criminal Legal News
December, 2020, page 30
Filed under:
Parole/Probation Searches,
Search and Seizure,
Probation, Parole & Supervised Release.
Location:
Montana.
by Anthony Accurso
The Supreme Court of the State of Montana held that a defendant’s rights to be free from unreasonable searches and seizures and invasions of privacy were violated when his landlord’s probation officer searched his rented space.
Stephen Thomas was caring for his …
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More from this issue:
- North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent, by Douglas Ankney
- Revocation Nation: Reincarceration for Technical Parole Violations in the Age of COVID-19, by Jean Trounstine
- Federal Habeas Corpus: Time Limits for Filing, by Dale Chappell
- First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson, by Douglas Ankney
- Why Coroners Often Blame Police Killings on a Made-Up Medical Condition, by Samantha Michaels
- Cincinnati Police Department Agrees to Audit of Its DNA Database, by Douglas Ankney
- Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations, by Dale Chappell
- Time to Curb Police Unions, by Bill Barton
- Massachusetts Supreme Court: Brady Requires Disclosure of Exculpatory Material Revealed During Immunized Testimony Before Grand Jury, by Douglas Ankney
- Eighth Circuit Vacates Sentence After District Judge Interfered With Plea Negotiations and Made Disparaging Remarks About Federal Judiciary, by Douglas Ankney
- Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts, by Anthony Accurso
- California Court of Appeal Reverses Murder Conviction Because Superior Court Erred by Allowing Deceased’s Out-of-Court Statements Into Evidence, by Douglas Ankney
- From the Editors
- New Report Shows More Than Half of Wrongful Convictions Involved Misconduct by Police and Prosecutors, by Dale Chappell
- Hawai’i Supreme Court Announces Admissibility of Third-Party Culpability Evidence Is Same Relevancy Test That’s Applied for Other Evidence, Superseding Rabellizsa, by Douglas Ankney
- Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement, by Matthew Clarke
- Fifth Circuit: Consecutive Sentence for FTA Must Be Part of ‘Total Punishment,’ Not Merely a Stacked Sentence
- Second Circuit: Nondescript Photo of Unidentified Black Male Insufficient Grounds to Conduct Investigatory Stop, by Anthony Accurso
- Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing, by Anthony Accurso
- Sixth Circuit Vacates First Step Act Resentencing Denial Where Court Failed to Consider Post-Sentencing Conduct, by Anthony Accurso
- Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status, by Anthony Accurso
- Federal Judges Beginning to Reject Geofence Warrants, by Anthony Accurso
- Fifth Circuit: Safety Valve Isn’t Up to the Government, by Dale Chappell
- Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant, by Anthony Accurso
- Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing, by David M. Reutter
- New Hampshire Supreme Court Announces Adoption of Lafler When Reviewing IAC Claims in Plea Bargain Cases, by Douglas Ankney
- Colorado Supreme Court: Convictions for Murder and Attempted Murder Violate Double Jeopardy, by Douglas Ankney
- Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors, by Dale Chappell
- Kansas Supreme Court Reverses Conviction Where Trial Court Refused to Give Self-Defense Instruction, by Douglas Ankney
- Ninth Circuit: California Conviction Under § 261.5(c) Not Predicate Offense For § 2252(b)(1) Enhancement, by Anthony Accurso
- COVID-19 Has Profound Effect on Breadth and Scope of Law Enforcement Agencies, by Michael Fortino, Ph.D
- Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense, by Douglas Ankney
- Washington Supreme Court Announces Prohibition Against Blanket Shackling Policies at Pretrial Proceedings, by Anthony Accurso
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- $12 Million Settlement Against Louisville, Kentucky, by Edward Lyon
- Review Board Has No Power Over NYPD, by Kevin Bliss
- Shielding Police Identities: A Law That Cuts Both Ways, by Michael Fortino, Ph.D
- Exodus of a Baker’s Dozen, by Edward Lyon
- PBA Cards and the Problem with Police Discretion, by Jayson Hawkins
- Proliferation of Police Drones Feeds Big Brother’s Need for Big Data, by Anthony Accurso
- For-Profit Lexipol Takes Over Writing Departmental Policy for Public Safety, by Kevin Bliss
- Thirty-Fourth Conviction Based on Bite Mark Forensics Overturned, by Kevin Bliss
- Guilt by Google, by Jayson Hawkins
- Technology and Police Reform, by Anthony Accurso
- Would the Real Officer Friendly Please Stand Up?, by Casey Bastian
- Government Enforcers Are Still Cops, by Jayson Hawkins
- News in Brief
More from Anthony Accurso:
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- Virginia Prisoners Stuck Waiting for Education Programs, Feb. 1, 2026
- $939,000 for Nevada Prisoner Left in Wheelchair by Delayed Back Pain Treatment, Jan. 1, 2026
- Ninth Circuit Affirms Exclusion of Plea Agreement’s Factual Basis, Holding Unaccepted “Type A” Plea Agreement Unenforceable to Trigger Waiver of Rule 410 Protections, Dec. 15, 2025
- America’s Deadliest Jails: Tarrant County Edition, Nov. 1, 2025
- Seventh Circuit Dismisses Jail Detainee Suicide Case for Lack of Showing Deliberate Indifference, Nov. 1, 2025
- Protecting Your Digital Privacy, Oct. 15, 2025
- Idaho Supreme Court Announces Warrantless Search of Civilly Committed Individual Violates Fourth Amendment, Oct. 15, 2025
- Michigan Supreme Court Announces Guidance on Standards for Search Warrants of Cellphones to Satisfy Particularity Requirement of Fourth Amendment That “Reasonably Direct” Search to Uncovering Evidence of Criminal Activity Identified in Warrant, Oct. 15, 2025
- Sixth Circuit: Erlinger Error Requires Resentencing Where Government Cannot Prove Beyond Reasonable Doubt That Jury Would Find Prior Offenses Committed on Different “Occasions”, Oct. 15, 2025
More from these topics:
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026. Eighth Amendment, Excessive Force, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Probation, Parole & Supervised Release.
- Guaranteed Income Helps People Leaving Jail and Prison, and That Helps Everyone, May 1, 2026. Crime/Demographics, Prisoner Privileges, housing, jobs, Restrictions, discrimination, Probation, Parole & Supervised Release, Fines.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- Maine Was the First State to Abolish Parole. Incarcerated Mainers, Advocates Hope to Bring it Back., March 1, 2026. Rehabilitation/Recidivism, Parole, Post-release, ex-offender, re-entry, Probation, Parole & Supervised Release, De Facto Life Sentence.
- Study Finds Parole Hearings and Grants Continue to Fall, Jan. 1, 2026. Parole Board Misconduct, Statistics/Trends, Rehabilitation/Recidivism, Parole, Probation, Parole & Supervised Release.
- Massachusetts Supreme Judicial Court Announces Duration of GPS Monitoring Must Be Considered in Individualized Reasonableness Determination and Resulting Monitoring Period May Be Shorter Than Probationary Term, Jan. 1, 2026. Parole/Probation Searches, Condition of Probation, GPS Tracking Device, State Constitutional Claims, Conditions of.
- SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release, Aug. 1, 2025. Supervised Release - Imposition of New Term, Statutory Construction/Interpretation, Probation, Parole & Supervised Release.
- Tennessee Board of Parole Spanked for Failing to Make Recommendation to Governor on Prisoner’s Clemency Application, July 15, 2025. Parole Board Misconduct, Pardons/Clemency, Probation, Parole & Supervised Release, Release Decisions.
- The Algocracy Agenda: How AI and the Deep State Are Digitizing Tyranny, July 1, 2025. Mechanical Searches/Scanners, Search and Seizure, Probable/Proximate Cause, Advanced Imaging Technology.
- Arizona’s Secret Mass Surveillance System: An Obscure Financial Database Amasses Millions of Financial Records in the Shadows, July 1, 2025. Searches, Search and Seizure, Warrants, Continuing Financial Crimes Enterprise (CFCE), Domestic Financial Institution.





