Officers\u2019 invalid parole search of apartment attributed to defendant made the consent void. The officers had no bona fide reason to believe that the place searched was defendant\u2019s place where he was registered with parole elsewhere. Just being seen there isn’t probable cause to believe he’s living there. United States v. Alexander, 2013 U.S. Dist. LEXIS 61812 (N.D. Cal. April 30, 2013):<\/p>\n
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Based on the Ninth Circuit’s analysis in Howard, four issues predominate: First, whether the police ascertained after an investigation that the defendant was residing at the place searched, rather than at the parole address on file. Second, whether the search was based on direct observations confirming that the defendant was residing in the place searched (e.g., parolee seen running errands, repeatedly entering or leaving over the span of multiple days, or receipt of mail at the residence searched). Third, whether the parolee had his\/her own key to the residence and was seen using the same. Fourth, whether co-residents confirmed that the parolee lived there.<\/p>\n
Here, the defendant’s parole address was not the residence searched. The police had no information indicating that the defendant was not living at his parole address. Officer Tedesco did not contact the defendant’s parole officer before the search of the Apartment, and nothing in any of the database searches he conducted confirmed that the Apartment was defendant’s residence. Officer Tedesco only observed the defendant entering the Apartment twice. Access to a residence is insufficient to justify a parole search of the same. The police must have probable cause to believe that the location is the parolee’s residence; presence as a guest does not suffice. Howard, 447 F.3d at 1265-66; see also id. at 1262 (information that parolee is occasional overnight guest is insufficient for probable cause to believe that parolee resides at residence); United States v. Franklin, 603 F.3d 652, 657 (9th Cir. 2010) (holding it is not enough for probable cause that parolee “happens to be seen there”).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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