Conditional Release Pending Appeal of Previous Convictions
In State v. Lucas, 56 Wn. App. 236, 783 P.2d 121 (1989), review denied, 114 Wn.2d 1009, 790 P.2d 167 (1990), Defendant Lucas was convicted of several crimes and granted a conditional release pending appeal of his previous convictions. Lucas, 56 Wn. App. at 237.
By signature he acknowledged that, as a condition of release, he would be required to submit to a search when ordered by a probation officer.
Subsequently, two probation officers went to his home to conduct a transfer interview and observed contraband through sliding glass doors.
Four days later they arrested him after conducting a warrantless search of his home.
He moved to suppress the evidence discovered during the warrantless search.
The court in that case reasoned that parolees and probationers are excepted from the probable cause requirement for search warrants and that they have a diminished right of privacy because of the State's continuing interest in the defendant and supervision of the defendant as a probationer.
The court further stated the defendant should expect close scrutiny by State officers and agents. Lucas, 56 Wn. App. at 240.
Accordingly, the court concluded the warrantless search did not violate constitutional protections because Defendant Lucas, who had been released on conditions pending appeal, had the same diminished expectation of privacy as a probationer serving a sentence. 56 Wn. App. at 241.