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CA9: While a probation search may be conducted on reasonable suspicion, probable cause is required to believe the defendant lives where the search is performed

By John Wesley Hall, Jr.

While a probation search may be conducted on reasonable suspicion, probable cause is required to believe the defendant lives where the search is performed. United States v. Mayer, 2008 U.S. App. LEXIS 13723 (9th Cir. June 30, 2008) Defendant's workshop was outside the curtilage, applying the Dunn factors, and its use appeared to be nondomestic. United States v. Davis, 2008 U.S. App. LEXIS 13724 (9th Cir. June 30, 2008): Before law enforcement officers may conduct a warrantless probation search, however, they must also have probable cause to believe that the probationer actually lives at the residence searched. See United States v. Howard, 447 F.3d 1257, 1262 (9th Cir. 2006); Motley v. Parks, 432 F.3d 1072, 1079-80 (9th Cir. 2005) (en banc)...continue to full post

Full post as published by Fourth Amendment on July 03, 2008 (boomark / email).