CA5: Even if parole search was to aid criminal investigation, it was still reasonable

Even if defendant’s parole search was in aid of a criminal investigation, it was still reasonable. United States v. Barron, 2024 U.S. App. LEXIS 6336 (5th Cir. Mar. 15, 2024).

A warrant after a shooting showed no probable cause for going in the house. The shooting victim was found outside, and a protective sweep saw nothing: no victims, no blood, no weapons. “That Robinson was shot may suggest a crime has occurred, but the lack of information in the affidavit may not be able to support an inference that the shooting took place inside the home, or that evidence related to the shooting would be found in the home. When officers found Robinson, he was already outside his home and when they conducted their protective sweep, they found no evidence of a shooter, blood, or a weapon inside the house. Thus, the fact that Robinson was lying outside his house may be insufficient to support probable cause to search inside the house. Moreover, that a neighbor heard arguing coming from the property cannot, by itself, establish probable cause. Raised voices alone, without more information regarding the words spoken, particularly if there is a question whether the voices came from inside the house, cannot create probable cause to search a home. Lastly, Inv. Johnson’s statement that people who have been charged for narcotics in the past are likely to keep narcotics in their homes does not create probable cause. Such assumptions have been found insufficient for the much lower standard necessary for reasonable suspicion. See United States v. Black, 707 F.3d 531, 540-41 (4th Cir. 2013) (‘Fourth, with respect to the officers’ “Rule of Two” or “one-plus rule,” we would abdicate our judicial role if we took law enforcement-created rules as sufficient to establish reasonable suspicion.’). The Court, therefore, concludes that the allegation that Robinson’s father slammed and locked the door as the officers attempted to secure the residence is material.” United States v. Robinson, 2024 U.S. Dist. LEXIS 46640 (W.D.N.C. Mar. 15, 2024).*

This entry was posted in Probation / Parole search, Reasonable suspicion. Bookmark the permalink.

Comments are closed.