W.D.Ky.: Even if there wasn’t PC for a home search, there was RS for a parole search

Even if the officer’s showing was insufficient to show probable cause, the officer could rely on defendant’s parole search waiver for the search because the information clearly provided at least reasonable suspicion. United States v. Ickes, 2017 U.S. Dist. LEXIS 38207 (W.D. Ky. Feb. 21, 2017), adopted, 2017 U.S. Dist. LEXIS 36938 (W.D. Ky. March 15, 2017):

This information, in light of the totality of the circumstances, would give rise to probable cause to believe that Ickes was shipping methamphetamine from that address and that evidence of the crime would be located there. Even if the information was insufficient to give rise to probable cause for the search, it, at a minimum, constituted a basis for reasonable suspicion that evidence of criminal activity was located at Ickes’ dwelling. Under Knights, therefore, law enforcement officers were entitled to conduct the warrantless search in accordance with the condition of Ickes’ probation. Going further, Tessier would validate the search even in the absence of reasonable suspicion under the circumstances, given the conditions of Ickes’ parole.

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