People v. Absher

Defendant had entered fully negotiated plea to retail theft, and was sentenced to two years of probation. Probation officer, suspicious that Defendant was using and possessing drugs, forcibly entered Defendant's home with a police officer, and found drugs. Plea agreement is governed by principles of contract law. Defendant had waived his Fourth Amendment rights by freely agreeing to suspicionless searches, at request of probation officer, as a condition of his probation, thereby giving prospective consent. (KILBRIDE, THOMAS, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)