N.D.Cal.: Supervised release search of home unreasonable because govt lacked PC he lived there

The government argued that a person on supervised release had no reasonable expectation of privacy in his own apartment, which the court roundly rejects. Yet, the government lacked probable cause to believe that defendant was residing in the home at the time of the search. “Possession of a key alone is not enough to establish probable cause as to residency, Grandberry, 730 F.3d at 979, and, as in Grandberry, the police’s limited surveillance and failure to investigate Dixon’s other possible addresses, even coupled with the fact that Dixon possessed the key, does not rise to the level of probable cause. See id. at 979-80.” The search of his vehicles, however, was valid because of his search condition. United States v. Dixon, 2018 U.S. Dist. LEXIS 198043 (N.D. Cal. Nov. 21, 2018).