United States Ninth Circuit

In a prosecution for unlawful possession of a firearm by a felon on probation, the district court's denial of the defendant's motion to suppress the firearm is affirmed, where: 1) US v. Davis, 932 F.2d 752 (9th Cir. 1991) had held that the applicable legal standard for the search of a probationer's items is "reasonable suspicion"; and 2) Motley v. Parks, 432 F.3d 1072 (9th Cir. 2005) (en banc) did not replace the reasonable-suspicion standard with a probable-cause standard, so Davis had not been overruled nor was it clearly irreconcilable with any other intervening case law.

Appellate Information

• Decided 02/29/2012
• Published 02/29/2012

Judges

• Graber

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark J. Ackley, Christian S. Nafzger