Federal Defenders of New York Second Circuit Blog

special needs

Special conditions of supervised release must be based on an individualized assessment of the defendant and adequately explained.

by

In two recent decisions, the Second Circuit reiterated the requirements for imposing special conditions of supervised release: a sentencing court must undertake an “individualized assessment” of the defendant and “state on the record the reason for imposing” any special condition. The failure to do so is error. In United States v. Alex Oliveras, No. 21-2954, … Read more

Second Circuit reverses a suppression order, applying “special needs doctrine” to uphold a parole officer’s search of parolee’s house without reasonable suspicion.

by

In United States v. Braggs, No. 20-892 (2d Cir. July 13, 2021), the Second Circuit reversed the suppression of guns and drugs found in a search of defendant’s house by his New York state parole officer. The search was based on an anonymous tip that “Mr. Braggs may have guns in his house.” The District … Read more

Second Circuit holds that Fourth Amendment not violated by Suffolk County program that permits nonprofit organization to conduct home visits with individuals on the sex offender registry in order to confirm the accuracy of their registration address.

by

On September 4, 2019, the Second Circuit, in an opinion by Judge Droney (joined by Judge Cabranes and Judge Raggi), affirmed a grant of summary judgment in favor of Suffolk County in a case where an individual who was required to register as a sex offender argued, in a claim for damages under 42 U.S.C. … Read more

Parole Evidence

by

United States v. Barner, No. 10-3700-cr (2d Cir. (Sack, Raggi, CJJ, Eaton, JCIT) This decision, a government appeal, reverses a district court order suppressing evidence obtained during a parole search. Barner was released to New York State parole in 2007, and signed a Certificate of Release that included his consent to having his parole officer … Read more