(dissenting):
The Fourth Amendment proscribes unreasonable searches. For one who is in partial custodia legis, I do not think it is an unreasonable search for an officer to politely go without a warrant and search, so long as there is no evidence of harassment. And, there was none here.
The majority decision will result in more trial judges sending more defendants to prison where they will have very little Fourth Amendment rights.
Unless we belong to the school that believes probation is overdone now, I think the majority’s result comes out the wrong way.
I have a little trouble with letting probation officers conduct searches and denying police officers the same right. The probation officer should play the role of being the defendant’s pal and not his jailer.