Bolivar
United States v. Bolivar
Opinion
Opinion
Graber, J.
Defendant Sean Paul Bolivar appeals the district court’s denial of his motion to suppress evidence obtained during a probation search. Following our holding in United States v. Davis, 932 F.2d 752, 758 (9th Cir.1991), the district court held that, to support the search, the officers needed only a “reasonable suspicion” to conclude that the probationer owned, controlled, or possessed an item within the probationer’s residence. Defendant contends that the greater standard of “probable cause” applies in these circumstances. Because our holding in Davis has not been overruled and is not clearly irreconcilable with any intervening case law, Miller v. Gammie, 335 F.3d 889, 899-900 (9th Cir.2003) (en banc), we affirm.
FACTUAL AND PROCEDURAL HISTORY
Defendant resided in a one-bedroom apartment with Philine Black. At the relevant time, Black was a probationer. As a condition of probation, she had consented to a search of her property by probation officers and police officers.
On March 18, 2010, police officers arrived at the apartment with a probation-violation warrant for Black’s arrest. Black let the officers into the apartment. Defendant was not present.