Parole officer’s presence was not sufficient for search of parolee’s home
The Brooklyn Appellate Division has granted the suppression of evidence found in a parolee’s home after it was determined that the presence of a parole officer alone, without any reason for the visit, was not sufficient to justify a search.
In 2007, detectives were given a tip that Benjamin Marcial, on parole for criminal sale of a controlled substance, was responsible for a series of burglaries within Brooklyn. Police detectives contacted Marcial’s parole officer and asked that she accompany them to Marcial’s apartment, fully aware that the purpose of the visit was to determine whether or not Marcial was a viable suspect.
Upon arriving at Marical’s door, the parole officer informed him that she was there merely to conduct a home visit and that the accompanying police detectives were simply working with her. The truth was the reverse — that it was the parole officer who was working with the detectives. Marcial, acknowledging the presence of law enforcement officers, granted them entry into his home, where a number of items reported stolen were found. Marcial was subsequently taken to the police station, where he confessed to committing the burglaries.