Aviles

ORDER DENYING MOTION TO SUPPRESS

Douglas Aviles has moved to suppress evidence from a search conducted pursuant to a probation condition that authorized law enforcement officers to search his residence without suspicion. Because the search condition was valid, and because the search was not otherwise unreasonable, the motion to suppress is denied.

I.

Prior to 2015, Aviles was convicted of fourteen crimes, including six felonies— most committed while he was on probation, out on bail, or in prison. See Opp’n Exs. A, B. Several of the incidents leading to convictions involved violence or dangerous weapons. See id. Aviles also had ties to the Norteño gang, and he was implicated in a gang-related assault in March 2010. See Opp’n Ex. C.

In July 2015, while in jail, Aviles repeatedly punched a half-inch thick secürity-glass window in his holding cell door until the glass broke. See Opp’n Ex. E. He pled guilty to a charge of felony vandalism and was sentenced to three years of probation. See Opp’n Ex. F. The probation order included a condition permitting any law enforcement officer to search Aviles’s residence without a warrant and without any level of individualized suspicion. See…