United States v. Juan Perez

MEMORANDUM

Juan Manuel Perez appeals from the district court’s denial of his motion to suppress, his convictions, and his sentence. We affirm in part, and vacate and remand in part.

1. The district court did not err in denying Perez’s motion to suppress evidence found and statements made during the search of the structure in which Perez was located because the police had probable cause to believe the structure at issue was Perez’s residence.

For the police to enter a residence on the basis of an arrest warrant or on the basis of a parole search condition, there must be probable cause to believe that the person named in the arrest warrant or the person subject to the search condition resides there. See United States v. Harper, 928 F.2d 894, 896 (9th Cir. 1991) (arrest warrant), overruled in part on other grounds by United States v. King, 687 F.3d 1189 (9th Cir. 2012) (per curiam); see also United States v. Howard, 447 F.3d 1257, 1262 (9th Cir. 2006) (parole search condition). Our circuit has “applied a relatively stringent standard in determining what constitutes probable cause that a residence belongs to a person on supervised release.” Howard, 447 F.3d at 1262 . “[T]he facts…