United States v. Jesse Hernandez

MEMORANDUM

Jesse Hernandez appeals from the district court’s denial of his motion to suppress evidence, after which he entered a conditional guilty plea to possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). We reverse. Because the parties are familiar with the history of this case, we need not recount it here.

I

Hernandez has standing to challenge the disputed search and seizure. The government contends that his probationary status deprives him of standing. However, a probation search condition permits law enforcement to perform a search with less than probable cause or reasonable suspicion “only if the police had advance knowledge that the search condition applied before they conducted the search.” United States v. Caseres, 533 F.3d 1064, 1075-76 (9th Cir.2008). It is undisputed in this case that the officers had no prior knowledge of Hernandez’s status.

II

Because it was not a probationary search, the search conducted in this case was valid only if the officers had reasonable suspicion that Hernandez was involved in criminal activity. Terry v. Ohio, 392 U.S. 1, 30 , 88 S.Ct. 1868 , 20 L.Ed.2d 889 (1968). To determine whether there was reasonable suspicion to…