State v. Gulley

This is a criminal case involving the level of belief that a probation officer must have to justify the officer’s request that a probationer permit the officer to search the probationer’s home for evidence of a probation violation. Defendant was convicted of the crime of possession of a controlled substance, ORS 475.992(4), and sentenced to 18 months’ probation. Defendant’s probation required him to “obey all laws, municipal, county, state and federal” and to “abstain from the use of intoxicants.” A special condition of probation required him to

“[s]ubmit person, residence, vehicle, and…