United States v. Lee, No. 14-3929 (6th Cir. 2015)
Annotate this CaseAfter being released from a Pennsylvania state correctional institution where he had been imprisoned for aggravated assault with a firearm specification and for a separate weapons offense, Lee was a parolee living in Ohio when his parole officer received a tip about “possible weapons going in and out of [Lee’s] apartment.” The next day, officers searched the apartment without a warrant and discovered a firearm. Charged with being a felon in possession of a firearm, Lee moved to suppress the evidence from the search. After the district court denied Lee’s motion, he entered a conditional guilty plea and was sentenced to 53 months of imprisonment. The Sixth Circuit affirmed. Although the officers likely lacked reasonable suspicion, Lee’s co-resident admitted them and Lee verbally consented to the search. His parole conditions stipulated that Lee would be subject to warrantless searches, pursuant to the Ohio Code, which allows officers to “search, with or without a warrant,” a parolee’s person, residence, vehicle, or other property if they have “reasonable grounds to believe” that the parolee is violating the law or otherwise not complying with the conditions of parole. Lee signed a copy of the conditions, indicating that he had read and understood them.
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