Rasberry
United States v. Rasberry
Opinion
Lead Opinion
MEMORANDUM *
Delven Earl Rasberry appeals the denial of his motion to suppress evidence of cocaine distribution discovered during a parole search of his home. He argues that his positive test for marijuana and prior convictions for drug-related offenses did not give the parole officer reasonable cause to conduct the search. We affirm.
A parolee’s reasonable expectation of privacy under the Fourth Amendment is defined by the conditions of his parole. See Samson v. California, 547 U.S. 843 , 126 S.Ct. 2193, 2199 , 165 L.Ed.2d 250 (2006). As a Nevada parolee, Rasberry was prohibited from possessing narcotics and was subject to search “upon reasonable cause as ascertained by [his] Parole Officer.” Reasonable cause, as defined by Nevada courts, includes “reasonable grounds to believe a violation of a parole agreement has occurred.” Allan v. State, 103 Nev. 512 , 746 P.2d 138, 140 (1987). Because Rasberry’s positive drug screen for marijuana gave his parole officer a reasonable belief that he had violated the narcotics condition of his parole, the *648 search of Rasberry’s apartment violated no reasonable expectation of privacy.