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.