Klein

United States v. Klein

Good Law
228 F. App'x 787
United States Court of Appeals for the Ninth CircuitApril 20, 2007No. 06-10033California452 words

Opinion

Lead Opinion

*788 MEMORANDUM *

Appellant Paul Klein (“Appellant”) appeals the district court’s decision denying his motion to suppress evidence obtained as the result of a warrantless search of his house. The facts and procedural history are familiar to the parties, and we do not repeat them here. Appellant challenges the district court’s suppression ruling on two grounds.

First, Appellant argues that the search of his home violated the Fourth Amendment because it was conducted without a warrant. We review such claims de novo, and we also review the district court’s “[factual findings ... for clear error.” United States v. Manning, 56 F.3d 1188, 1196 (9th Cir.1995). Applying that standard, we hold that the search of Appellant’s home did not run afoul of the Fourth Amendment because, as a condition of his probation, Appellant was subject to a valid warrantless search condition that permitted probation officers to search his home and the probation officers who conducted the search did so based on a “reasonable suspicion that ... [Appellant] [was] engaged in criminal activity.” United States v. Knights, 534 U.S. 112, 121 , 122 S.Ct. 587 , 151 L.Ed.2d 497 (2001). 1 The probation officers had…

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