Second Circuit – Supervised release: United States v. Oliveras

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United States Court of Appeals for the Second Circuit

Supervised release

Special conditions – Fourth Amendment special needs doctrine

United States v. Oliveras

21-2954

Judges Lynch, Bianco, and Perez

Background: The defendant was convicted of possessing cocaine with intent to distribute and possessing a firearm in furtherance of drug trafficking. The defendant argues that the imposition of a special condition of supervised release that subjects him to suspicionless searches by a probation officer violates the Fourth Amendment.

Ruling: The Second Circuit vacated and remanded. The court held that the special needs doctrine of the Fourth Amendment permits the imposition of a special condition of supervised release that allows the probation officer to conduct a suspicionless search. However, the district court exceeded its discretion by imposing that special condition because it failed to make the individualized assessment required to support the special condition.

Tiffany H. Lee, assistant United States attorney, for the appellee; Timothy P. Murphy, assistant Federal Public Defender, for the defendant-appellant.

Oral argument audio