In prosecution on charge of unlawful delay of U.S. mail, Dist. Ct. did not err in imposing as condition of defendant’s supervised release requirement that defendant submit to visits by his probation officer “at home or elsewhere” between hours of 6:00 am to 11:00 pm. Ct. rejected defendant’s contention that instant home-visit condition violated his 4th Amendment rights, and Dist. Ct. could properly find that condition was appropriate because it would allow probation officer to keep watch on defendant to check for signs of unlawful activity in view of defendant’s extensive criminal history and to monitor his compliance with other terms of defendant’s supervised release. Fact that Dist. Ct.’s rationale for imposing home visits would apply to many other defendants was immaterial. (Dissent filed.)
Federal 7th Circuit Court
Criminal Court
Supervised Release