United States v. King

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 03-13-2012
  • Case #: 11-10182
  • Judge(s)/Court Below: Per Curiam; Circuit Judges Graber, Berzon, and Tallman
  • Full Text Opinion

Where a condition of a defendant’s probation allows for a warrantless search at “any time of the day or night, with or without probable cause,” police may lawfully execute a warrantless search even if they do not have “reasonable suspicion.”

King was convicted of being “a felon in possession of a firearm” under 18 U.S.C. § 922(g)(1). During King’s trial the district court denied King’s motion to suppress evidence from a warrantless search of his room. The Ninth Circuit noted that the evidentiary basis for the search was insufficient to establish “reasonable suspicion.” However, the Ninth Circuit also noted that a condition of King’s probation was that he was subject to search at “any time of the day or night, with or without probable cause.” The Ninth circuit held that under the probation condition King “was subject to suspicionless searche[s]” and that reasonable suspicion was not required for police to lawfully conduct the search. AFFIRMED.

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