United States Ninth Circuit

The police do not have probable cause to believe that a parolee lives at an unreported residence when: 1) visits to the parolee's reported address suggested that the parolee continued to reside there; 2) the police watched the address in question for a month and did not see the parolee there; 3) no credible witnesses had seen the parolee at the address in question for some time before the search; 4) the parolee did not have a key to the residence in question; and 5) neither the parolee nor his purported co-resident admitted to his residence there.

Appellate Information

• Argued 04/03/2006
• Decided 05/25/2006
• Published 05/25/2006

Judges

• BYBEE, Circuit Judge:, Before: NOONAN and BYBEE, Circuit Judges, and SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Franny A. Forsman, Federal Public Defender, Las Vegas, NV, and Shari L. Kaufman, Las Vegas, NV, for the defendant-appellant., Daniel G. Bogden, United States Attorney, Karyn Kenny and Christina Brown, Assistant United States Attorneys, Las Vegas, NV, for the plaintiff-appellee.