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N.D.Cal.: Seing probationer enter dwelling with a key was reason to believe he lived there

By John Wesley Hall, Jr.

Officers had reason to believe that defendant probationer lived where he had a key and was seen entering. His slamming the door on the officer’s arm also was probable cause that he was resisting. United States v. Asprilla, 2011 U.S. Dist. LEXIS 24861 (N.D. Cal. March 8, 2011).* “In the present case, Detective Hunter’s affidavit in support of the search warrant reports that Agent Andrews had received information regarding a marijuana grow operation at the property, smelled raw flowering marijuana coming from an outbuilding on the property, observed black pots and pipes at the property, which appeared to be an inactive plant nursery, and therefore believed that the outbuilding and residence were being used to cultivate marijuana...continue to full post

Full post as published by Fourth Amendment on March 16, 2011 (boomark / email).