United States v. Sharp, No. 21-3828 (6th Cir. 2022)

After a decade in state prison for gross sexual imposition and kidnapping, Sharp was released on parole with conditions that required him to refrain from unsupervised contact with minors; obtain his parole officer’s approval of any adult who might supervise his contact with minors; and submit to “warrantless search[es]” of his person and property “at any time.” Under Ohio law, a parole officer may search a parolee without a warrant if he has “reasonable grounds” to suspect that the parolee has violated the law or a parole condition. During his parole, a woman told police that, 10 days earlier, Sharp had sexually assaulted her at his house while her children slept nearby and that Sharp had been assisting her children with transportation. Sharp’s parole officer concluded that Sharp had violated his parole. Nearly three weeks after the alleged assault, officers arrested Sharp, transported Sharp to his home, then conducted a warrantless search and found a loaded firearm.

Sharp was charged with possessing a firearm as a felon. The Sixth Circuit affirmed the denial of a motion to suppress the gun. Under the special-needs framework, a parolee search is reasonable under the totality of the circumstances if it was supported by reasonable suspicion. Bailey reasonably suspected that he would find evidence of a parole violation at Sharp’s home. A parolee’s search conditions factor into the reasonableness balance.