The Fourth Amendment does not prohibit a suspicionless search of a parolee. The United States Supreme Court held that under the totality of the circumstances, a suspicionless search of a California parolee is reasonable under the Fourth Amendment. The court found that California law permits a parolee to either serve out his parole period in custody, or agree to accept suspicionless searches during his parole period. Given that the search agreement is clear and unambiguous, and given the compelling state interests in supervising recidivists, the balance of interests weighs in favor of permitting such suspicionless searches.
Case Summaries