United States v. Robert S. Johnson

Robert S. Johnson appeals from his misdemeanor conviction of possession of methamphetamine in violation of 21 U.S.C. § 844 (a). He argues that the warrantless search of his house was unlawful despite the condition of his state probation that he submit to a search upon any reasonable request of a law enforcement officer, and that the evidence' obtained from the search should have been suppressed. We agree that the search of Johnson’s home following the arrest of his roommate pursuant to an arrest warrant was unreasonable and that the evidence obtained should be suppressed.

On June 11, 1982, Johnson was sentenced in the Fresno County Municipal Court following his conviction for a state criminal offense. Johnson was placed on two years’ bench probation subject to the conditions that he obey all laws and that “[djuring the term of probation, he . . . subject himself ..., his possessions and his residence to search and seizure upon any reasonable request of a law enforcement officer.” The judge also ordered Johnson to disassociate himself from his roommate, Bennett Brewer, within three weeks.

On June 22, 1982, eleven days later, a federal Drug Enforcement Administration agent and…