Smith v. City of Santa Clara, No. 14-15103 (9th Cir. 2017)Annotate this Case
Once the government has probable cause to believe that the probationer has actually reoffended by participating in a violent felony, the government's need to locate the probationer and protect the public is heightened. This heightened interest in locating the probationer is sufficient to outweigh a third party's privacy interest in the home that she shares with the probationer. The Ninth Circuit affirmed the district court's judgment in favor of police officers and the city in a 42 U.S.C. 1983 action. Plaintiff and her minor granddaughter alleged that their constitutional rights were violated when officers conducted a search of plaintiff's home. The officers were searching for plaintiff's daughter, who was on probation. The terms of the probation allowed warrantless searches of her person and residence. The panel held that the warrantless search of the home over plaintiff's objection was reasonable as a matter of law.