United States v. Michael Clarkson

MEMORANDUM

Michael Clarkson appeals the district court’s decision denying his motion to suppress evidence that officers found while conducting a probation search of Clark-son’s home. Clarkson argues that the officers needed reasonable suspicion to search his home, and that the officers did not have reasonable suspicion before entering his home. We need not decide what level of suspicion was required, or whether the officers had the requisite level of suspicion. At the time of the search, our precedent authorized suspicionless searches of probationer’s homes. See Sanchez v. Canales, 574 F.3d 1169 , 1174 & n. 3 (9th Cir.2009), overruled by United States v. King, 687 F.3d 1189 (9th Cir.2012) (en banc). The discovered evidence is therefore not subject to the exclusionary rule even if the search was unlawful. See Davis v. United States, - U.S. -, 131 S.Ct. 2419, 2423-24 , 180 L.Ed.2d 285 (2011) (“[S]earches conducted in objectively reasonable reliance on binding appellate precedent are not subject to the exclusionary rule.”).

Clarkson also argues that the officers did not have probable cause that the searched residence was Clarkson’s home and that officers obtained incriminating…