Pennsylvania Board Of Probation And Parole v. Scott

524 U.S. 357 (1998)

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Nature of the Case

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Facts

Scott (D) was sentenced for third-degree murder and eventually was given parole under which he signed a parole agreement that allowed searches of his residence without a warrant. After several months on parole, D was suspected of parole violations and was arrested at a local diner. D gave the officers the key to his residence which was owned by his mother. The officers waited until the mother was present and then searched the home and D's room. Nothing was found in D's room, but an adjacent room had five firearms, a compound bow, and three arrows. At D's parole violation hearing, the evidence found was introduced; D objected in that the search of his home was unreasonable under the Fourth Amendment. The evidence was admitted. D was sentenced to 36 months back time. This ruling was reversed by the Commonwealth Court of Pennsylvania; the search violated the Fourth Amendment because it was not authorized by any state agency and was not conducted with the owner's consent and that the exclusionary rule should apply. The Pennsylvania Supreme Court affirmed; the right against unreasonable searches and seizures was unaffected by an express agreement waiving those rights. The Supreme Court granted certiorari.