United States Ninth Circuit

The district court's suppression of evidence found during a warrantless search of an apartment that the defendant, a parolee, had entered several times during the days preceding the search, is affirmed, where: 1) the officers' observations were insufficient evidence to establish that the defendant lived at the apartment they searched; and 2) if, as here, it is abundantly clear that the searched property is a residence, a parole condition permitting searches of "your residence and any property under your control" is triggered only when the officers have probable cause that the parolee lives at a residence.

Appellate Information

• Decided 09/17/2013
• Published 09/17/2013

Judges

• BERZON

Court

• United States Ninth Circuit

Counsel