N.J. Admin. Code § 10A:72-6.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 10A:72-6.3 - Search of a parolee's residence; when authorized

(a) A parole officer may conduct a search of a parolee's residence when:

1. There is a reasonable articulable suspicion to believe that evidence of a violation of a condition of parole would be found in the residence or contraband which includes any item that the parolee cannot possess under the conditions of parole is located in the residence; and

(b) Where the residence is jointly owned or shared by a parolee and another person(s), the parole officer:

1. May search all objects that appear to be owned or possessed by the parolee;

2. May search any area of the residence or objects that are jointly shared by both the parolee and the other person, even if such other person(s) objects to the search; and

3. May not search any area that is exclusively under the control of the other person(s) unless that person(s) provides written voluntary consent to the search.

(c) A parole officer shall not enter the home of a third party to search for a parolee without having a search warrant unless:

1. The parole officer has an objectively reasonable basis to believe that the parolee named in the parole warrant resides in the home of the third party and is in the home of the third party at that time; or

2. The parole officer obtains written voluntary consent from an adult resident.

N.J. Admin. Code § 10A:72-6.3

Amended by R.2004 d.446, effective 12/6/2004.
See: 36 N.J.R. 2136(a), 36 N.J.R. 5359(a).
Rewrote the section.
Amended by R.2014 d.013, effective 1/6/2014.
See: 45 N.J.R. 1337(a), 46 N.J.R. 79(b).
Rewrote (c)1.