Fox v. State

Sears, Justice.

This case, which we granted certiorari to the Court of Appeals to review,1 raises two questions: One concerns the validity of a special condition of probation, pursuant to which appellant David Fox purported to waive his Fourth Amendment rights. The second issue is whether, if that waiver is invalid, it was nevertheless reasonable under the Fourth Amendment for a police officer to conduct a warrantless search of Fox’s home.2 We conclude that the waiver of Fox’s Fourth Amendment rights was invalid because it was not properly obtained as part of the plea bargaining process, and…