The Limits to Ordering Computer Monitoring as a Special Condition of Supervised Release in the Federal Court System

By Eric Marcy |   Oct. 29, 2015

There are limits to when a Federal District Court Judge may order computer monitoring by United States Probation as a special condition of supervised release. While it can be argued that individuals on supervised release have a diminished expectation of privacy, wholesale unfettered access to a personal computer must still be balanced by assessing the nexus, proportionality, privileges, and the constitutional requirements that require that such intrusions be narrowly tailored.

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Topics : Community Supervision, Criminal Defense, Probation, Special Conditions of Supervised Release, Constitutional Rights, Criminal Law, Appeal, Due Process, Eric Marcy, NJ Criminal Justice Process, Parole, Federal Investigations, probation officer, probationer | 0 Comments Read More

Er, What’s in a Word?

By Darren M. Gelber |   May. 28, 2012

Bond Worksheet I accompanied a client of mine who was sentenced to a term of probation to the probation office to complete some necessary paperwork. When asked to sign some documents acknowledging his responsibilities while on probation, my client noticed that the signature line was labeled 'PROBATIONER'. He asked whether he should sign in that spot, since, in his mind, he was the "probationee", not the "probationer".

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Topics : Probation, probation officer, probationer | 0 Comments Read More

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