A plea bargain allows an individual, accused of a crime, an opportunity to reduce their sentence by bargaining with the prosecution. Although such agreements often stipulate that the accused waive certain constitutional rights, the conditions attached to a bargained-for-probation sentence are not beyond judicial review. Normally, courts examine the constitutionality of the probationary condition, but in United States v. Barnett, the Seventh Circuit summarily upheld the suspicionless search of a probationer upon the consent/contract theory. This Comment contends that the consent/contract theory employed by the Seventh Circuit improperly hooks the crook by upholding unreasonable probationary conditions that violate the constitution on the questionable basis that a convict voluntarily consents to conditions that they cannot avoid.
Hooking the Crook: The Seventh Circuit Justifies the Suspicionless Search of a Probationer,
Seventh Circuit Rev.
Available at: https://scholarship.kentlaw.iit.edu/seventhcircuitreview/vol2/iss1/8