Jarman v. State, 11/30/18, COA (Vaidik) – Agreeing to a search without probable cause does not justify a search without suspicion.

D was on community corrections for a domestic battery conviction and had signed a waiver consenting to searches “without a warrant and without probable cause.”  Officers received anonymous reports that V was possibly living at the residence, that D had purchased alcohol and had been drinking, and he may have been abusing his Adderall medication.  Officers searched the house and found methamphetamine, and D was charged and convicted of possession.  On appeal, the COA held that D had signed a waiver to search with no probable cause, but that did not mean officers could conduct a suspicionless search.  The waiver should have specified that D consented to search without cause.  Reversed.