Commonwealth v. LaFrance

A judge in the Superior Court required as a special condition of the defendant’s probation that, while on probation, she submit to a search of herself, her possessions, and any place where she may be, with or without a search warrant, on request of a probation officer. The defendant challenges that special condition on State and Federal constitutional grounds because it authorizes a blanket search without a warrant.

We agree that both art. 14 of the Massachusetts Declaration of Rights and the Fourth Amendment to the Constitution of the United States forbid the search of a probationer or her…