Himmage v. State

OPINION

By the Court,

Mowbray, J.:

The narrow issue presented for our consideration on this appeal is whether it is constitutionally permissible under the Fourth Amendment to the Constitution of the United States for a parole officer to make a nighttime search of a parolee’s apartment when such search is made as the result of information received from a police officer that the parolee had been involved in a burglary.

Himmage, the appellant-defendant, was paroled from the Nevada State Prison, where he had been serving time on a 5- to 6-year sentence for robbery. On July 21, 1969, in a burglary of…