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Question
Case 11.3Jack has been released from confinement early and placed on probation. He found a job and rented an apartment in his hometown. One day, he responded to a knock on the door and sees his probation officer, Stephanie Stone. She tells him that she has decided to conduct a surprise inspection of his home. Jack insists that he has been a very good citizen and is no longer involved in any criminal behavior. Stephanie has no evidence that this is not true, but insists on conducting a complete search of the home anyway. Stephanie finds nothing out of the ordinary, but asks if Jack will follow her to the office for a drug test, just in case. Jack says, "Sure, I have nothing to hide." Unfortunately for Jack, the drug test is positive for an illegal substance and his parole is revoked.
Was Parole Officer Stone's search of Jack's apartment lawful?
a. No, just because someone has been convicted of a crime does not mean that they lose protections under the Fourth Amendment.
b. No, as this would violate Jack's Fifth Amendment rights.
c. Yes, Jack has a diminished expectation of privacy as a parolee.
d. Yes, Jack loses all rights under the Constitution as a parolee.
Answer
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