State v. Stephens

Defendant, who was on probation for the offense of assault in the second degree, appeals the trial court’s revocation of that probation. Defendant maintains that the evidence which served as the basis for the revocation and which was obtained during a search of defendant’s house by his probation officer was obtained as the result of an unlawful search and seizure. We agree, and reverse.

The Judgment and Probation Order in this case placed defendant on probation to the Corrections Division. One condition was that defendant "abide by all the rules and regulations of said Corrections Division,…