670 F.3d 1091
9th Cir.2012Background
- Bolivar appeals district court's denial of suppression of a firearm found in a backpack during a probation search of a probationer's residence.
- Black, a probationer, shared a one-bedroom apartment with Bolivar; police obtained a probation-violation warrant for Black and searched the apartment after she let them in.
- A purple backpack inside an undivided closet was opened; it contained a .12 gauge sawed-off shotgun; Black identified the backpack as Defendant's.
- District court held the probation search was valid and that the rule was reasonable suspicion to search items within the residence.
- Defendant contends the search of the backpack required probable cause that the backpack belonged to Black; the court held the correct standard is reasonable suspicion for items inside a lawfully entered residence.
- Defendant retained the right to appeal the district court's suppression ruling, which the Ninth Circuit reviews de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What is the proper standard to search an item inside a probationer’s residence? | Davis supports reasonable suspicion. | Probable cause required. | Reasonable suspicion governs items inside the residence. |
| Did Motley overrule Davis on the standard for entering the residence or for searching items inside? | Motley does not overrule Davis; it concerns clearly established law. | Motley effectively overruled Davis. | Motley did not overrule Davis; Davis remains controlling for items inside the home after entry. |
| Did the officers have sufficient basis to search the backpack? | Totality of circumstances showed Black controlled the backpack. | Lacked probable cause that backpack belonged to Black. | Police had reasonable suspicion that Black controlled the backpack; search upheld. |
Key Cases Cited
- United States v. Davis, 932 F.2d 752 (9th Cir. 1991) (probation searches require reasonable suspicion that item is owned/controlled by probationer)
- Motley v. Parks, 432 F.3d 1072 (9th Cir. 2005) (en banc; parole searches require probable cause to believe parolee resides at the address; discusses Davis relevance)
- United States v. Knights, 534 U.S. 112 (2001) (warrantless searches of probationers' residences; consent to search)
- Kyllo v. United States, 533 U.S. 27 (2001) (home privacy heightened; entry into residence is highly protected)
- Griffin v. Wisconsin, 483 U.S. 868 (1987) (parolees’ searches within residence)