United States v. Flaugher, 2015 U.S. App. LEXIS 19801

Walter Flaugher pled guilty (2006) to conspiracy to distribute methamphetamine; originally sentenced to 57 months and 5 years supervised release.
In 2014 Probation alleged supervised-release violations; Flaugher admitted methamphetamine use; district court revoked release and imposed 12 months + 1 day imprisonment and 3 years supervised release.
Over defense objection, the district court added a supervised-release condition authorizing warrantless searches of person, residence, vehicles, papers, business, and other property based on reasonable suspicion, and requiring warning to other residents.
Flaugher appealed, arguing 18 U.S.C. § 3583(d) permits warrantless-search conditions only for felons required to register under SORNA (Sex Offender Registration and Notification Act), and he is not such a registrant.
The Tenth Circuit affirmed, holding § 3583(d) authorizes warrantless-search conditions beyond just SORNA felons when the statute’s limitations are satisfied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 3583(d) permits warrantless-search conditions only for SORNA-registered felons	Flaugher: the SORNA clause limits warrantless searches to felons required to register under SORNA	Government: § 3583(d) contains broader authority—the “any other condition” cross-reference and § 3563(b)(23) permit such conditions when § 3583(d)(1)–(3) are met; SORNA clause is an additional grant, not a limit	Court: Rejected Flaugher; § 3583(d) authorizes warrantless-search conditions for non‑SORNA felons provided the § 3583(d)(1)–(3) limits are satisfied, and the SORNA clause separately authorizes warrantless searches for SORNA felons without those three limitations

United States v. Dougan, 684 F.3d 1030 (10th Cir. 2012) (standard of review for objected special supervised-release conditions)
United States v. Bear, 769 F.3d 1221 (10th Cir. 2014) (standard for disturbing district court supervised-release rulings)
United States v. Handley, 678 F.3d 1185 (10th Cir. 2012) (de novo review for statutory-authority challenges)
United States v. Hanrahan, 508 F.3d 962 (10th Cir. 2007) (affirming warrantless-search condition imposed on non‑SORNA felon)
Young v. United Parcel Serv., Inc., 135 S. Ct. 1338 (2015) (statutory-construction canon against rendering clauses superfluous)
TRW Inc. v. Andrews, 534 U.S. 19 (2001) (same statutory-construction principle)
In re Dawes, 652 F.3d 1236 (10th Cir. 2011) (noting canon to give effect to all statutory provisions)