{"id":7568,"date":"2013-03-29T05:45:50","date_gmt":"2012-08-12T10:09:58","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-12T10:09:58","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7568","title":{"rendered":"CA9: PC needed to believe parolee lives in place to be searched, and residents’ lies about parolee don’t undermine that"},"content":{"rendered":"

Parole officers need probable cause to believe that the parolee lives in a particular place before they can search it. If confronted with information that mitigates that probable cause, they should stop the search. Here, occupants previously lied about him being there and then gave inconsistent stories about when the parolee left for good. That didn\u2019t require them to leave. United States v. Romero<\/a>, 491 Fed. Appx. 809 (9th Cir. 2012):<\/p>\n

The authorities “were entitled to maintain that belief until presented with convincing evidence that the information they had relied upon was incorrect.” Motley, 432 F.3d at 1082 (internal quotation marks omitted). Defendant argues that, on the day of the search, Gonzalez and the occupants of the house told the authorities that Gonzalez had moved. But Gonzalez and the occupants reported inconsistent dates for his departure, and the occupants had previously misled the authorities regarding Gonzalez’ residence at the house. The inconsistent reports of less-than-disinterested” sources were insufficient to undermine the authorities’ reasonable belief that Gonzalez lived at the house. See id.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7568","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7568","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7568"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7568\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7568"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7568"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7568"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}