Asprilla

ORDER AND MEMORANDUM **

The memorandum filed on March 27, 2012 is WITHDRAWN. 1 The memorandum below is filed to replace it:

Carlos Asprilla appeals the district court’s denial of his motion for suppression of evidence and his subsequent conviction, after a bench trial, for having violated 18 U.S.C. § 922 (g)(1), which prohibits felons’ possession of firearms. The parties are familiar with the facts underlying the ap *572 peal and thus we do not include them save as necessary.

Asprilla argues that the search of his person pursuant to a warrantless search condition imposed pursuant to his probation agreement, which led to the discovery of a gun in Asprilla’s waistband and a magazine in his jacket pocket, violated the Fourth Amendment. He also argues that the subsequent search of his girlfriend’s apartment, which uncovered another magazine, violated the Fourth Amendment.

Whether or not reasonable suspicion is required to search a probationer subject to a warrantless search condition, the search of Asprilla’s person did not violate the Fourth Amendment as the police had reasonable suspicion to search Asprilla’s person. United States v. Knights, 534 U.S. 112, 121 , 122 S.Ct. 587 ,…