{"id":2216,"date":"2009-04-27T08:42:46","date_gmt":"2008-07-03T05:43:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-07-03T05:43:42","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2216","title":{"rendered":"CA9: While a probation search may be conducted on reasonable suspicion, probable cause is required to believe the defendant lives where the search is performed"},"content":{"rendered":"

While a probation search may be conducted on reasonable suspicion, probable cause is required to believe the defendant lives where the search is performed. United States v. Mayer<\/a>, 530 F.3d 1099 (9th Cir. 2008), reprinted as amended 2009 U.S. App. LEXIS 8245 (9th Cir. March 16, 2009), on denial of rehearing en banc:<\/p>\n

Before law enforcement officers may conduct a warrantless probation search, however, they must also have probable cause to believe that the probationer actually lives at the residence searched. See United States v. Howard<\/em>, 447 F.3d 1257, 1262 (9th Cir. 2006); Motley v. Parks<\/em>, 432 F.3d 1072, 1079-80 (9th Cir. 2005) (en banc). In Illinois v. Gates<\/em>, 462 U.S. 213, 233-34, 243-46, 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983), the Supreme Court held that probable cause may be established based on a tip from an anonymous informant if there are sufficient indicia of reliability. Such indicia include the informant’s history of providing accurate information on previous occasions, a detailed description of the alleged wrongdoing that the informant witnessed first-hand, the provision of details not easily obtained or predicted, or the police’s ability to corroborate the information. Id<\/em>.<\/p><\/blockquote>\n

Defendant’s workshop was outside the curtilage, applying the Dunn<\/em><\/a> factors, and its use appeared to be nondomestic. United States v. Davis<\/a>, 530 F.3d 1069 (9th Cir. 2008).<\/p>\n

Defense of impossibility that the property sought by the police in the search warrant was not actually stolen under Minnesota law did not preclude the issuance of the warrant for attempt. Since there was probable cause, there was no need to consider the good faith exception. United States v. Abumayyaleh<\/a>, 530 F.3d 641 (8th Cir. 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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