Commonwealth v. Mears 2009 PA Super 83 (5/04/2009)

Topic: Sentencing Conditions – Random Searches as a Condition of Probation or Parole

Summary: The Superior Court reversed and remanded where the trial court made random residence searches a condition of Mears’ sentence. The sentence was invalid because 1.) Mears was not sentenced to probation and 2.) Mears’ was given a state sentence, therefore, the sentencing court could not usurp the power of the State Parole Board by giving parole conditions.

http://www.pacourts.us/OpPosting/Superior/out/a04025_09.pdf