Probation Conditions – Sex Offenders

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Criminal

7^th Circuit Court of Appeals

Officials: EASTERBROOK, WILLIAMS, and HAMILTON, Circuit Judges.

Probation Conditions – Sex Offenders

No. 14-3790 United States of America v. Jeffrey P. Taylor

Appellant conditions of probation held as overbroad and excessive with conditions preventing viewing of legal adult pornography, direct contact with minors, and inspection of internet capable devices.

“We have cautioned, however, against the imposition of overly broad search conditions as conditions of supervised release or probation. See United States v. Farmer, 755 F.3d 849 (7th Cir. 2014); Goodwin, 717 F.3d at 523. In Farmer, we recognized that 18 U.S.C. § 3583(d)(3) provides that a court may order as a condition for a person required to register under the Sex Offender Registration and Notification Act that the person submit his person, property, computer, and other items to search by a probation officer “with reasonable suspicion concerning a violation of supervised or unlawful conduct by the person … .” Taylor’s condition is even broader than that, as no reasonable suspicion is required. We reiterate the importance, when sentencing courts consider imposing a special condition like this one, that such “broad search and seizure authority” be “connected to [the defend- ant’s] offense, history, and personal characteristics.” Goodwin, 717 F.3d at 523. In light of the nature of Taylor’s offense, we find the authority was sufficiently connected here, and we uphold this special condition.”

Vacated and Remanded

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