United States v. Angelo Cibrian

MEMORANDUM

Defendant-Appellant Angelo Cibrian appeals his conviction for being a felon in possession of a firearm and ammunition in violation of 18 U.S.C. § 922 (g)(1). We affirm.

1. Like the district court, we assume, but do not decide, that the initial search was unlawful.

2. “ ‘[B]efore conducting a warrantless search’ of a residence ‘pursuant to a parolee’s parole condition, law enforcement officers, must have probable cause to believe that the parolee is a resident of the house to be searched.’ ” United States v. Grandberry, 730 F.3d 968, 973 (9th Cir.2013) (quoting United States v, Howard, 447 F.3d 1257, 1262 (9th Cir.2006)). “[Probable cause as to residence exists if an officer of reasonable caution would believe, based on the totality of [the] circumstances, that the parolee lives at a particular residence.” Id. at 975 (internal citations and quotation marks omitted). Excluding the evidence .derived from the initial search, the police officers had probable cause to believe that Cibrian resided at 61 Cameron Way.

Cibrian updated his mailing address with the Department of Motor Vehicles (“DMV”) to 61 Cameron Way eight days before the parolé search. Furthermore, Patricia…