United States v. Jose Silva

MEMORANDUM

The government appeals from the district court’s decision excluding evidence found by police after a warrantless search of Silva’s home. We have jurisdiction under 18 U.S.C. § 3731 , and we reverse.

We review motions to suppress evidence from admission at trial de novo, and factual findings made at the suppression hearing for clear error. United States v. Basher, 629 F.3d 1161, 1165 (9th Cir.2011). The government contends that Silva was properly subject to a search condition at the time of search, because the 2003 reinstatement of probation included the search term from the original 1997 probation order. Alternatively, the government contends that the good faith exception applies to the officers’ conduct, such that the evidence should not be excluded even if obtained in violation of the Fourth Amendment.

We do not address the parties’ arguments whether Silva was properly subject to a search condition as a matter of California law, because we conclude that even if Silva was not subject to a search condition, the good faith exception applies and prevents suppression of the evidence found at Silva’s residence.

Whether the exclusionary rule applies here is a question of…