United States v. Bolivar, No. 11-30055 (9th Cir. 2012)
Annotate this CaseDefendant appealed the district court's denial of his motion to suppress evidence obtained during a probation search. Following the court's holding in United States v. Davis, the district court held that, to support the search, the officers needed only a "reasonable suspicion" to conclude that the probationer owned, controlled, or possessed an item within the probationer's residence. Defendant contended that the greater standard of "probable cause" applied in these circumstances. Because the court's holding in Davis had not been overruled and was not clearly irreconcilable with any intervening case law, the court affirmed the judgment.
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