When can the police conduct a search?

Searches conducted by police officers are lawful if the police have a legitimate reason to conduct the search. To determine if a search is lawful, a court will base its decision on circumstances known to the officer when search is conducted. The police may not conduct a search and then learn of a reason that justified the search after the search of the person or home is done.

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Illegal searches or seizures cannot be justified because the police later discover that the adult defendant was on probation or parole with a search condition. The police have to know about the search condition before the search is conducted.

In the case of People v. Sanders, the police searched the residence of two persons, one of whom was on parole and subject to a search condition. The police were not aware of the person being on parole at the time of the search. Despite a reduced expectation of privacy due to living with a parolee subject to a search condition, such a search cannot be justified as a parole search because the officer was not acting pursuant to the conditions of parole at the time he conducted the search.