Patterson
United States v. Patterson
Opinion
Lead Opinion
Moskowitz, J.
ORDER GRANTING DEFENDANT’S MOTION TO SUPPRESS
Presently before the Court is Defendant Kirk Patterson’s motion to suppress evi *998 dence. (Def.’s Mot. to Suppress (“Def.’s MTS”), EOF No. 33.) The Court held an evidentiary hearing on June 21, 2017 and final arguments on July 14, 2017. For the reasons discussed below, Defendant’s motion is GRANTED.
I. FACTUAL BACKGROUND
On July 15, 2015, Probation Officers (“PO”) Erich Schmidt, with the assistance of POs Adam Stanton, Carlos Gomez and Omar Pazarin, searched apartment No. 3 located at 5945 Streamview Drive 1 in San Diego, California. (Tr. of Evidentiary Hr’g, ECF No. 26, 7:25-8:2.) In January 2015, PO Schmidt was assigned to Kenneth Miller’s (“Miller”) case, an individual on parole and subject to a Fourth Amendment search waiver. (Tr. 7:21-24; 20:19-21:7.) Miller had previously disclosed a false address, which led PO Schmidt to investigate Miller’s place of residence. (Tr. 8:20-24; 9:7-10.) On June 19, 2015, San Diego Police arrested Miller in front of 5935 Streamview Drive. (Tr. 9:13-17; 29:14-29:17; 31:22-32:7.) Miller was incarcerated for giving PO Schmidt a false address and while in jail, PO Schmidt monitored his phone calls.…