The “Stalking Horse” Theory for Parole and Probation Fourth Waiver Searches

The “Stalking Horse” Theory for Parole and Probation Fourth Waiver Searches. 
By Robert Phillips, Deputy District Attorney (Ret). 

     Have you ever heard of the “stalking horse” theory, as it relates to parole and probation Fourth waiver searches   (A “Fourth wavier search,” of course, refers to warrantless searches of a parolee or probationer’s person and property [e.g., house, vehicle, containers, etc.] based upon the parolee or probationer’s prior express waiver of his Fourth Amendment search & seizure rights as a condition of being released from custody.)  The “stalking horse” theory is based upon the idea that a Fourth Waiver search is a tool meant for parole or probation officers only, intended to be used as a means for keeping a check on the activities of their parolees and probations, respectively. 

     At one time it was believed that for a federal or state law enforcement officer to conduct a warrantless Fourth waiver search, ....

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