Barry

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-2101 D.C. No. Plaintiff - Appellee, 2:19-cr-00334-

MWF-

v.

RYAN BEAU PATRICK BARRY, OPINION

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding

Argued and Submitted February 11, 2025 Pasadena, California

Filed June 17, 2025

Before: J. Clifford Wallace, Susan P. Graber, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Bumatay; Concurrence by Judge Wallace; Concurrence by Judge Graber SUMMARY*

Criminal Law

The panel affirmed the district court’s denial of Ryan Barry’s motion to suppress evidence found in a warrantless search of an apartment in a case in which the panel considered whether police officers had probable cause to believe that Barry, a probationer who was subject to warrantless search conditions, resided at the apartment. The panel held that the search was consistent with the Fourth Amendment and the standard articulated in United States v. Grandberry, 730 F.3d 968 (9th Cir. 2013),…