United States v. Francisco Gutierrez

MEMORANDUM

Francisco Gutierrez appeals the district court’s order denying his motion to suppress evidence of a firearm and ammunition seized after a warrantless search of his residence. We review de novo the district court’s decision whether to suppress evidence and review for clear error the district court’s factual findings supporting its conclusion. United States v. Grandberry, 730 F.3d 968, 970-71 (9th Cir. 2013). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the district court’s order.

1. Officers may conduct a warrantless search if a parolee is subject to a warrant-less search provision and the officers have probable cause to believe the parolee lives at the address to be searched. Grandberry, 730 F.3d at 973 . “[P]robable 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 976 (quoting United States v. Diaz, 491 F.3d 1074, 1077-78 (9th Cir. 2007)).

2. Gutierrez was subject to a warrantless search provision. The district court properly considered the totality of the circumstances in denying his motion to, suppress. It…