Jacobson

Jacobson v. Herman

Good Law
137 F. App'x 64
United States Court of Appeals for the Ninth CircuitJune 24, 2005No. 04-16853; D.C. No. CV02-05973-DLBCalifornia313 words

Opinion

Lead Opinion

MEMORANDUM ***

David W. Jacobson appeals pro se the district court’s summary judgment and judgment as a matter of law for defendants (“the officers”) in his 42 U.S.C. § 1983 action alleging the officers unlawfully searched his residence and stole personal property. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Howard v. Everex Systems, Inc., 228 F.3d 1057, 1060 (9th Cir.2000), and we affirm.

The district court properly granted summary judgment to the officers with respect to Jacobson’s claim that their warrantless search of his residence was unlawful. See United States v. Knight, 534 U.S. 112, 121 , 122 S.Ct. 587 , 151 L.Ed.2d 497 (2001) (holding that a warrantless search of a probationer’s residence is reasonable when supported by reasonable suspicion of criminal conduct); United States v. Davis, 932 F.2d 752, 758 (9th Cir.1991) (noting the difference between parolee and probationer status is not constitutionally significant in evaluating the scope of a search). Because the officers arrested Jacobson for burglary while he was still inside a commercial building, and after discovering Jacobson was on parole for burglary, the officers had reasonable…

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