State v. Simons

Summary

The court held that a pending probation-revocation proceeding did not extend Simons’ original probation term beyond its expiration date absent a hearing and a finding of a violation by clear and convincing evidence. Because the probation search therefore lacked the special-needs justification and Simons did not voluntarily consent when he submitted to the officers’ asserted authority, the search was unreasonable and the evidence should have been suppressed. The conviction was reversed, the sentence vacated, and the case remanded because the evidence otherwise supported retrial; no separate opinions were filed.