United States v. Seth Morgan

MEMORANDUM

Seth Morgan appeals his convictions for being a felon in possession of a firearm, possession of controlled substances with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime. We have jurisdiction under 28 U.S.C. § 1291 . Because the district court properly denied Morgan’s motion to suppress and committed no clear error when it concluded Morgan unequivocally waived his right to counsel, we affirm.

1. We reject Morgan’s argument that the warrantless search was unlawful because Department of Corrections Officer Lee conducted the search as an agent of law enforcement. Under United States v. Knights, 534 U.S. 112, 122 , 122 S.Ct. 587 , 151 L.Ed.2d 497 (2001), a warrantless search of a probationer, “supported by reasonable suspicion and authorized by a condition of probation, [i]s reasonable within the meaning of the Fourth Amendment.” Here, Officer Lee had reasonable suspicion Morgan was involved in unlawful drug activity, and a condition of Morgan’s probation agreement expressly authorized the search. The search therefore was reasonable under the Fourth Amendment. Whether the search had an investigatory or probationary purpose is…