Post by kimbylee on Jun 23, 2006 6:35:57 GMT -5
Supreme Court Okays Searches of Cali Parolees
The U.S. Supreme Court voted 6-3 that California parolees can be routinely searched by police as a condition of their release from prison, ruling that the state's interest in dealing with its large number of repeat offenders outweighs any privacy rights of the parolees.
Citing a recidivism rate in California of 68-70 percent, Justice Clarence Thomas, writing for the majority, said parolees have no "expectation of privacy that society would recognize as legitimate" because of the danger they pose to society. "The state's interests, by contrast, are substantial," he wrote.
Before they are paroled from prison, inmates are required to sign a consent form allowing police to search them as part of their terms for release.
Writing for the three dissenting justices, Justice John Paul Stevens said the court had established "another form of punishment" for prisoners.
"What the court sanctions today is an unprecedented curtailment of liberty," Stevens wrote for himself and Justices David Souter and Stephen Breyer.
The U.S. Supreme Court voted 6-3 that California parolees can be routinely searched by police as a condition of their release from prison, ruling that the state's interest in dealing with its large number of repeat offenders outweighs any privacy rights of the parolees.
Citing a recidivism rate in California of 68-70 percent, Justice Clarence Thomas, writing for the majority, said parolees have no "expectation of privacy that society would recognize as legitimate" because of the danger they pose to society. "The state's interests, by contrast, are substantial," he wrote.
Before they are paroled from prison, inmates are required to sign a consent form allowing police to search them as part of their terms for release.
Writing for the three dissenting justices, Justice John Paul Stevens said the court had established "another form of punishment" for prisoners.
"What the court sanctions today is an unprecedented curtailment of liberty," Stevens wrote for himself and Justices David Souter and Stephen Breyer.