State of Indiana v. Brishen R. Vanderkolk

Summary

The Indiana Supreme Court held that a probationer or community corrections participant may authorize a warrantless and suspicionless premises search through a valid, clearly expressed search condition or advance consent. Because the applicable condition authorized searches only upon probable cause, the community corrections officers' suspicionless search was unlawful under the Fourth Amendment. The court reversed and remanded with instructions to suppress all evidence seized during the search.

Holdings

1. A person's status as a community corrections participant or home-detention participant, standing alone, does not authorize community corrections officers to conduct a warrantless and suspicionless search of the residence.
2. A probationer or community corrections participant may authorize a warrantless premises search without reasonable suspicion through valid advance consent or a clearly expressed and unambiguous search condition, but Sullivan's condition authorized searches only upon probable cause and therefore did not authorize the search conducted here.
3. The Samson rule applies to Indiana probationers and community corrections participants who have consented or been clearly informed that their release conditions unambiguously authorize warrantless and suspicionless searches during the period of their probationary or community corrections status.

Questions Presented

1. Whether Sullivan's status as a community corrections participant, standing alone, authorized a warrantless and suspicionless search of his residence.
2. Whether Sullivan's advance consent and written community corrections search condition authorized a warrantless search without reasonable suspicion when the condition stated that officers could search "upon probable cause."
3. Whether the search could nevertheless be justified as a protective sweep or as reasonable under the Indiana Constitution.
4. Whether the Samson v. California rule permitting suspicionless searches under a valid search condition applies to probationers and community corrections participants.

Disposition

reversed_and_remanded