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Second Circuit Review: Court Clarifies the Scope of Parolees’ Fourth Amendment Rights
August 25, 2021
Litigation of counsel Martin Flumenbaum and firm chairman Brad Karp’s latest Second Circuit Review column, “Court Clarifies the Scope of Parolees’ Fourth Amendment Rights,” appeared in the New York Law Journal. The authors discuss the Second Circuit’s decision in United States v. Braggs, which clarified the applicable standards governing the Fourth Amendment rights of parolees. The court held that parole officers’ searches of parolees are governed by the “special needs” exception to the Fourth Amendment’s default requirement that a law enforcement-related search be conducted pursuant to a showing of probable cause and a warrant. Thus, the government must show that a parole officer’s search of a parolee was rationally and reasonably related to the parole officer’s duties. Litigation associate Charles Sucher assisted in the preparation of this column.