Probation search was justified by defendant\u2019s MySpace page showing gang signs and two guns and cash. The probation search was valid without a search warrant. United States v. Romero, 2010 U.S. Dist. LEXIS 102089 (D. Kan. September 27, 2010):<\/p>\n
In April of 2009, Youthville caseworker [], who works with families involved in Child In Need of Care proceedings, had contact with the defendant’s wife, Elizabeth Trevino. [] had worked on a case involving Trevino, defendant Romero and their children since April of 2008. As a result of that contact, [] subsequently looked at the defendant’s “My Space” web page on the internet. The web page showed various photos, including pictures of the defendant with other individuals apparently flashing gang signs, pictures of the defendant with his children, pictures of a firearm with two loaded clips, and large amounts of cash. [] noticed that the desk on which the handgun and cash were sitting looked familiar, and she thought it might be one she had seen in the defendant’s residence. On or about May 7, 2009, [] informed ISO Kristi Winter of the photographs.<\/p>\n
Winter was Romero’s supervising probation officer at the time, and she printed the pictures off from the web page on May 8, 2009. Based on the photos, Winter believed the defendant might be involved in gang and criminal activity. She believed the photos showed violations of his gang restriction, and she noted that a picture of the gun showed part of a necklace that was similar to one the defendant was wearing in one of the other photos. [] had informed her that the desk on which the gun sat was similar to one in defendant’s house. Winter also believed that the large amount of cash indicated possible drug activity. Winter obtained approval from her supervisor to conduct a search of defendant’s residence, and she also conveyed the information to the sentencing judge from defendant’s case. She informed the judge that she intended to do a search based on the photos; the judge responded by email thanking her for the information and telling her to let him know the results of the search. No search warrant was requested or issued from the judge. (bracketed material added)<\/p><\/blockquote>\n
Update, Oct. 1:<\/strong> The person whose name is in brackets requested that her name be removed here. But the name is on Lexis and probably Westlaw. Nevertheless, I removed her name at her request.<\/p>\n","protected":false},"excerpt":{"rendered":"
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