N.D.Cal.: Suspicionless probation search condition not shown to be on defendant; motion to suppress granted

Defendant did not have a suspicionless search condition on him. “This Court now joins the other courts in this district that have held that an officer must have reasonable suspicion to conduct a search of a probationer, unless the probationer is subject to a search clause that explicitly permits a search without suspicion.” United States v. Craft, 2017 U.S. Dist. LEXIS 181320 (N.D.Cal. Nov. 1, 2017).

Mere presence at an apartment where a search occurred does not confer standing to challenge the search. More must be alleged. People v. Jones, 2017 NY Slip Op 07641, 2017 N.Y. App. Div. LEXIS 7754 (3d Dept. Nov. 2, 2017).*

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