United States v. Bernard Davis

MEMORANDUM

Bernard Curtis Davis appeals his convictions and sentence for possession of a firearm as a convicted felon, possession of ammunition as a convicted felon, and possession of marijuana with intent to distribute. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The Search

Davis challenges the search of his residence, contending that it violated his Fourth Amendment rights. But the search of Davis’s residence was “conducted pursuant to a valid [state] regulation governing probationers” that satisfied the Fourth Amendment’s reasonableness standard. Griffin v. Wisconsin, 483 U.S. 868, 880 , 107 S.Ct. 3164 , 97 L.Ed.2d 709 (1987); see also United States v. Conway, 122 F.3d 841, 842 (9th Cir.1997); Wash. Rev.Code § 9.94A.631(1) (permitting the search of a probationer’s residence “[i]f there is reasonable cause to believe that an offender has violated a condition or requirement of [his] sentence”).

Considering the “totality of the circumstances,” United, States v. Arvizu, 534 U.S. 266, 274 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002), the officers had reasonable suspicion that Davis was in violation of his probation before they searched his residence. When the…