United States v. Henley, No. 18-1428 (3d Cir. 2019)
Annotate this CaseDouglass, a Pennsylvania parole agent with more than 20 years’ experience, was assigned to Henley. Henley first did “really well” on parole while living with his sister. Henley then began associating with former and current parolees suspected of drug dealing and violated his parole conditions by moving residences twice without the required prior notice. Thereafter, Henley engaged in, and lied about, suspicious property transfers; travel without permission; cutting his hours at work while acquiring vehicles and a boat, making large cash payments, and remodeling his home; and punching a co-worker, resulting in his firing. Douglass observed that his door had been kicked in and that his home had a strong odor of marijuana, and received multiple reports that Henley was selling marijuana. After receiving her supervisor's approval, Douglass and other parole agents entered Henley’s home through an open door without a warrant and searched his person and residence. Officers seized: over $2,000 in cash; over 800 grams of marijuana, a vacuum-sealed package, and several individual packages; scales; a marijuana grinder; a pistol and ammunition; and three cell phones. During the search, Henley made incriminating statements. The Third Circuit affirmed the denial of his motion to suppress, holding the agents possessed reasonable suspicion necessary to support the search. The facts ineluctably show that a reasonably prudent parole agent in Douglass’s shoes would suspect that Henley returned to drug trafficking and that evidence of it would be found during the search.
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