United States v. Lloyd Romero

MEMORANDUM

Defendant Lloyd John Romero appeals the district court’s denial of his motion to suppress evidence obtained in a search of his sister’s house, in which he was residing at the time. Before Defendant moved into the bedroom where he was found during the search, a probationer named Henry Gonzalez had lived there. Probation authorities entered the house in a war-rantless search related to the arrest of Gonzalez. In the course of removing the occupants, the authorities observed contraband in plain view and obtained a search warrant. Defendant objects to evidence obtained pursuant to that search warrant, attacking the warrant for being the product of an improper initial entry into the house. We review de novo the denial of a motion to suppress. United States v. Brooks, 610 F.3d 1186, 1193 (9th Cir.2010). Using that standard, we affirm.

1. “ ‘[BJefore conducting a warrantless search [of a residence] pursuant to a parolee’s parole condition, law enforcement officers must have probable cause to believe that the parolee is a resident of the house to be searched.’ ” United States v. Franklin, 603 F.3d 652, 656 (9th Cir.2010) (second alteration in original) (quoting Motley v.…