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9th U.S. Circuit Court of Appeals

Mar. 5, 2016

9th Circuit helps clarify diminished privacy rights of probationers

The acceptance of a search term in a probation agreement does not by itself render a police search of the probationer's cell phone constitutional, the 9th U.S. Circuit Court of Appeals held Thursday, overturning a lower court's ruling.

By L.J. Williamson
Daily Journal Staff Writer

The acceptance of a search term in a probation agreement does not by itself render a police search of the probationer's cell phone constitutional, the 9th U.S. Circuit Court of Appeals held Thursday, overturning a lower court's ruling.

The appellant, Paulo Lara, was undergoing a probation visit when police officers looked at the most recent text messages on his phone....

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