People v. Hale

In People v. Hale, 93 N.Y.2d 454, Hale's probation officer received credible information from a known citizen that Hale was selling drugs out of his home. Based upon that information, the probation officers accompanied defendant to his home, where they searched for and found drugs and guns. The Court of Appeals held that the specific waivers of privacy that were set out in Hale's probation agreement were voluntary and not prohibited by Criminal Procedure Law 410.50(3), which otherwise requires a "search order" in order to search a probationer's abode. Notably, in assessing the reasonableness of the search in Hale, the Court stressed that Hale was specifically being monitored during probation for illegal drug use. The fact that the search conducted was based on a reasonable belief that Hale possessed illegal drugs the very point of his probationary status played no small part in the Court's determination that under the circumstances, the warrantless search of Hale's residence was reasonable and consistent with his probation waivers.