United States v. Lee

MEMORANDUM **

Defendant-Appellant Robert C. Lee appeals his conviction for possession of child pornography in violation of 18 U.S.C. § 2252 (a)(4)(B). We have jurisdiction under 28 U.S.C. § 1291 and we affirm the judgment of the district court. The facts are known to the parties and we do not recite them here.

The district court did not err when it denied Lee’s motion to suppress evidence due to the allegedly unlawful search. It is beyond dispute that the community corrections officers had a well-founded suspicion that Lee had violated the conditions of his release. Under Washington law, such a reasonable suspicion justifies a search of the offender’s residence. See Wash. Rev.Code § 9.94A.631. We have found Washington’s probation search law reasonable, and have noted that ‘Washington law does not require that the search be necessary to confirm the suspicion of impermissible activity, or that it cease once the suspicion has been confirmed.” Unit *700 ed States v. Conway, 122 F.3d 841, 843 (9th Cir.1997).

The district court did not err when it denied the motion to suppress based on Lee’s contention that the warrant lacked probable cause. We express no opinion on whether the…