9th Cir.
11-50498
The court of appeals affirmed a district court court order granting a motion to suppress evidence and remanded the action for further proceedings. The court held, under current circuit authority, that police officers’ observations of a parolee’s periodic visits to an address were insufficient to establish probable cause to conclude that he lived there for purposes of carrying out a warrantless search under a parole search condition. The court held further that where it is apparent that a searched property is a residence, a parole search condition for “your residence and any property under your control” is triggered only where the officers have probable cause to conclude that the parolee lives at the residence.
