M.D.Fla.: Def’s public opposition to PO walk throughs of his residence added to RS

Defendant’s opposition to home walk throughs by his probation officer added to reasonable suspicion. When he spent $20,000 on Christmas gifts with a $1,500 a month income, they had cause to do one. United States v. Rogers, 2017 U.S. Dist. LEXIS 124726 (M.D. Fla. Aug. 8, 2017):

Here, based on the totality of the circumstances, the Court concludes that the March 9, 2017 search of Defendant’s residence was supported by reasonable suspicion. Officer Ward observed motion sensor lights and a closed circuit video monitoring system at Defendant’s residence. He was aware of Defendant’s prior criminal history, including felony battery and other charges involving firearms. Further, Officer Ward knew Defendant had expressed opposition to a home walkthrough on a prior occasion and knew that Defendant had asked his attorney to file a motion to prevent the probation office from doing walkthroughs of Defendant’s residence, despite the search condition in his Probation Order. Finally, Officer Ward heard from Defendant that he had spent approximately $20,000 on Christmas gifts despite only reporting $1,500 a month in income.

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