Ruth Shuey v. Michael Astrue

facts in combination were sufficient to rise to the level of reasonable suspicion that

Asprilla had a gun.

In addition, the search of his girlfriend’s apartment did not violate the Fourth

Amendment because there was probable cause to believe that Asprilla resided

there. United States v. Howard, 447 F.3d 1257, 1262 (9th Cir. 2006). The

anonymous tip had specified that Asprilla lived at his girlfriend’s apartment on

Ingalls Street in an apartment matching the location of a parking lot near the

apartment and a description of the apartment searched. As discussed above, this

3 tip had been largely corroborated. Further, by the time the police searched the

apartment, the tip had been further corroborated by the fact that, as the tipster said,

Asprilla did have a gun on his person. In addition, the police twice saw Asprilla at

the apartment and, on the second occasion, saw him open the door to a friend and

remain inside some time. The police also saw that Asprilla had a set of keys to the

apartment and watched Asprilla use the keys to open the apartment door. See

United States v. Harper, 928 F.2d 894, 896–97 (9th Cir. 1991).

Because there was reasonable suspicion to search…