In U.S. v. Yuknavich, No. 04-10852 (Aug. 11, 2005), the Court (Black, Wilson, Nangle b.d.) upheld the constitutionality of a search by probation officers from the home of a convicted child sex offender.
Yuknavich was on probation following convictions on state charges of exploitation of a child and distributing obscene material. He was given a sentence of seven years probation. The terms of probation contained a number of specific prohibited activities, but did not require Yuknavich to submit to searches of his home by probation or police. During his probation, probation officers discovered child pornography at his home, and Yuknavich was convicted on federal child pornography charges. Yuknavich challenged the constitutionality of the search of his home.
Citing United States v. Knights, 534 U.S. 112 (2001), the Court found no Fourth Amendment violation. The Court noted that under Knights persons on probations have a lessened privacy interest, and that reasonable suspicion will support a police search. The Court recognized that Heath’s probation did not, unlike Knights, contain a provision expressly submitting to police searches. However, in Heath’s circumstances, on balance, even without this express provision, the search was legal. The Court noted that the search was limited to the Internet activities of Heath’s computer, and that Yuknavich was limited to work related use of his computer. His privacy expectations were further reduced because of his actions while on probation, which included violated the terms and placing himself in inappropriate situations. "For an individual, who was on probation for possessing child pornography on his computer, who admitted he had masturbated to fantasies of a young boy he had sexually assaulted, who had already twice accessed the Internet without anyone’s knowledge, to purchase a computer and not expect his probation officers to see red flags everywhere is inconceivable."
The Court found that the probation officers had reasonable suspicion to search Yuknavich’s computer at home, based on his conduct on the day in question, when he delayed ten minutes opening the door, and appeared shirtless at the door, and acted very nervous.
