Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CA9: Parolee's absconding did not bar police from searching his residence

By John Wesley Hall, Jr.

Police had probable cause to believe that the premises searched belonged to the parolee. His absconding did not prevent the police from searching the premises the police believed was his. United States v. Flores, 2008 U.S. App. LEXIS 16209 (9th Cir. July 29, 2008) (unpublished): The police's cumulative observations and investigations established probable cause to believe that Flores lived at the Lerma Road residence. Even though Flores had legally "absconded," this did not necessarily mean that he had actually ceased to reside at the Lerma Road residence. Flores' contention that the police should have asked him or someone else present whether Flores still lived at the Lerma Road residence is without merit. See Motley, 432 F.3d at 1082 (explaining that statements made by an interested source seeking to prevent arrest by the police are of little value to the probable cause inquiry)...continue to full post

Full post as published by Fourth Amendment on August 02, 2008 (boomark / email).