Bush
United States v. Bush
Opinion
Lead Opinion
MEMORANDUM *
Anton Bush appeals the district court’s judgment of conviction following a conditional guilty plea to one count of Felon in Possession of a Firearm in violation of 18 U.S.C. § 922 (g). In pleading guilty, Bush preserved his right to appeal the district court’s denial of his motion to suppress evidence. We have jurisdiction under 18 U.S.C. § 1291 and we affirm.
In this appeal, Bush challenges the denial of his motion to suppress evidence — the gun that formed the basis of the § 922(g) *670 charge. He contends that his probation officer lacked probable cause to believe that he resided at the Apawana residence. Thus, he argues that the search was not justified as a probation search and therefore the probation officer violated his Fourth Amendment rights. We affirm the district court’s suppression ruling because the probation officer had probable cause 1 to believe that Bush resided at the Apawana address before commencing the search of the bedroom.
Although the probation officer may not have had probable cause to believe that Bush resided at the Apawana address before entering the residence, once inside, subsequent events established probable cause to believe that…