Sentencing – Supervised release – conditions

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U.S. Court of Appeals  For the Seventh Circuit

Criminal

Sentencing – Supervised release – conditions

Where the district court imposed, as a condition of supervised release, that the defendant submit to suspicionless searches, without explanation, the condition must be vacated.

“Bowser also argues that the district court erred in imposing a condition of supervised release authorizing suspicionless searches of his person, home, and effects. The government confesses error, acknowledging that United States v. Farmer, 755 F.3d 849, 854 (7th Cir. 2014), concluded that a condition of release authorizing suspicionless searches is improper when the court does not connect that condition to the underlying offense. Here, the court said only that the search condition was imposed based on ‘the nature of the instant offense,’ without elaborating. Given the brevity of the court’s comment, we accept the government’s confession of error.”

Affirmed in part, and Remanded in part.

14-1237, 14-1585 & 14-1592 U.S. v. Miller

Appeals from the United States District Court for the Southern District of Indiana, Pratt, J., Tinder, J.

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