Originally Posted by Fr_Chuck
Good catch. I missed the felony probation part...
You're right - but only to a degree.
A prisoner doesn't lose ALL his Fourth Amendment rights. And a prisoner who is on probation on the streets has MORE Fourth Amendment rights than one who is locked up.
Plus, a PO doesn't have the authority to search a probationer like a correction officer does..
In addition, he's on "house arrest". I don't know what that means. Did he violate? Are they looking for new charges? Is he awaiting a violation hearing??
So, without knowing a lot more about this particular case, I couldn't state categorically whether they need a warrant or not.
In terms of their technical ability to listen through this device, I wouldn't sell 'em short. If they WANTED to listen to this guy, I'm sure they have ankle bracelets that, not only listen, takes pictures, has face recognition technology, infra red night vision, and if he strays too far outside his zone, a predator will launch and he'll be nuked.