Section 791.7735. Search of parolee's person or property.

(1) A parole agent may conduct a warrantless search of a parolee's person or property under any of the following circumstances:

(a)   Incident to a lawful arrest pursuant to section 39 of Act No. 232 of the Public Acts of 1953, as amended, being S791.239   of  the  Michigan Compiled Laws.

(b)   A stop and frisk, if there is reasonable cause to believe that the parolee is presently involved in criminal conduct, has violated  a condition of parole, or is carrying a weapon.

(c)   Seizure of evidence or contraband in plain view.

(d)  With the consent of the parolee or  a   third  party  having   mutual control over the property to be searched.

(2)   Where none of the circumstances specified in subrule (1) of this rule are present and there is reasonable cause to believe that a violation of parole exists, a parole agent may  conduct  a  search  of   a  parolee's person or property if, as soon as possible thereafter, the parole agent files a written report with his or her supervisor setting forth the specific reasons for the search, describing the location  or   place searched, and describing the specific items seized.

History: 1979 AC; 1988 AACS.