D.Nev.: Govt failed to show defendant was aware of conditions of probation for probation search

Defendant was arrested for something after he was put on probation in state court but before the formal sentencing order and written conditions were completed. The government failed to show that defendant was aware of his conditions of probation that he was subject to search because there was nothing in writing from the court or probation until after the arrest. Pattern and practice that the court probably told the defendant of all the conditions fails [as it should have; what court reads all the conditions?]. The gun in his FIPF case is thus suppressed. Consent also fails. United States v. Christopher, 2015 U.S. Dist. LEXIS 20846 (D.Nev. January 23, 2015).

On defendant’s cross-appeal, the on-the-street stop was shown to be reasonable and his consent was voluntary. People v. Almond, 2015 IL 113817, 2015 Ill. LEXIS 302 (February 20, 2015).*

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