United States v. Diane L. Dally, United States of America v. James Harold Holiday

James Holiday, a California parolee, appeals from a conviction for possession of a firearm. Diane Dally appeals from a conviction for possession of stolen mail. The stolen mail and guns were found in Daily’s apartment during a parole search. They contend that the search was improper; that the guns, mail and other evidence should have been suppressed.

Holiday was convicted of first degree murder in California in 1961. He was sentenced to life imprisonment but in July 1975, he was paroled. His parole required him to obtain prior permission from his parole officer before he changed his address, and he agreed to notify his parole officer of any emergency move within 72 hours. He also consented to the search of his residence by his “Parole Agent, any agent of the Department of Corrections, or any law enforcement officer.”

Holiday was supervised by Welch Go-lightly, a California State Parole Agent. On January 30, 1978, Golightly was unsuccessful in finding Holiday at his reported residence in Pasadena. Golightly left a message with Holiday’s nephew for Holiday to get in touch with him.

Bertram Rice is a Special Agent of the California Department of Corrections Law Enforcement Liason…