United States v. Marcel King

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 11-10182 Plaintiff-Appellee, D.C. No. v. 3:10-cr-00455-

WHA-1

MARCEL DARON KING,

Defendant-Appellant. ORDER AND

AMENDED

OPINION

Appeal from the United States District Court for the Northern District of California William Alsup, District Judge, Presiding

Argued and Submitted September 19, 2012—San Francisco, California

Filed March 8, 2013 Amended August 27, 2013

Before: Susan P. Graber, Marsha S. Berzon, and Richard C. Tallman, Circuit Judges.

Order; Opinion by Judge Graber; Dissent by Judge Berzon SUMMARY*

Criminal Law

The panel amended a March 8, 2013, opinion affirming a conviction, and the court denied a petition for rehearing en banc, in a case involving whether the Fourth Amendment permits a suspicionless search of a probationer’s residence.

In the amended opinion, the panel held that a suspicionless search, conducted pursuant to a suspicionless- search condition of a violent felon’s probation agreement, does not violate the Fourth Amendment.

Dissenting, Judge Berzon wrote that the…