N.D.Cal.: Search before knowing of probation search condition unreasonable

Standing outside the door to a recently parked vehicle with expired tags and holding the keys was reasonable suspicion the holder is the driver. Asking about probation or parole status and a search waiver is outside the mission of the stop, even though the government argues officer safety. Speeding in a high-crime area is also not reasonable suspicion. “King does not justify a search if the officers did not have advance knowledge of the search condition. A warrantless search will only be excused under a search condition if the searching officer knew that it ‘applied before they conducted the search.’ United States v. Caseres, 533 F.3d 1064, 1075-76 (9th Cir. 2008). The government failed to demonstrate that the officers actually knew of the scope of Mati’s search condition before they conducted the search. See id.” United States v. Mati, 2020 U.S. Dist. LEXIS 103288 (N.D. Cal. June 12, 2020).

Defendant’s stop was based on being parked too close to a fire hydrant, and he argued whether he was “stopped” or “standing” which wouldn’t be a violation of the ordinance. The stop was still valid. United States v. Tucker, 2020 U.S. Dist. LEXIS 103079 (N.D. Ill. June 12, 2020).*