Gates

ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS EVIDENCE

The parties are presently before the Court on Defendant’s Motion to Suppress Evidence. (Docket 23.) Having read and considered the papers filed in connection with this matter and being fully informed, the Court hereby GRANTS Defendant’s motion for the reasons set forth below. The Court, in its discretion, finds this matter suitable for resolution without oral argument.

I. BACKGROUND

A. Factual Summary

Defendant is charged in a three-count indictment with violations of the following: (1) 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(D) — Possession with intent to distribute approximately 1.36 kilograms of marijuana; (2) 18 U.S.C. § 924 (c) — Possession of a loaded firearm in furtherance of the same offense; and (3) 18 U.S.C. § 922 (g)(1) — A felon in possession of a firearm and ammunition. The indictment arises from a warrantless probation search performed by Oakland police officers of a 98th Avenue home in Oakland on December 23, 2009. The search uncovered: (1) a 9 mm Tec-9 assault pistol with all markings and serial number obliterated; (2) twenty-one rounds of ammunition in a high-capacity magazine; (3) forty-one 1" x 1" plastic…