What is the current state of the law on warrantless searches of a vehicle pursuant to a supervised release condition?

MultiRegion, United States of America

The following excerpt is from United States v. Dixon, 984 F.3d 814 (9th Cir. 2020):

We hold that before conducting a warrantless search of a vehicle pursuant to a supervised release condition, law enforcement must have probable cause to believe that the supervisee owns or controls the vehicle to be searched. Our en banc decision in Motley is instructive. There, we first adopted the rule that before conducting a warrantless search pursuant to a parolee's parole condition, "officers must have probable cause to believe that the parolee is a resident of the house to be searched." Motley , 432 F.3d at 1080. We emphasized that this requirement "protects the interest of third parties"a consideration that carried through our related precedents. Id. For example, we explained that officers "must have reasonable grounds for believing that the subject of the warrant resides in the apartment" before executing an arrest warrant. Id. at 1079 (quoting Perez v. Simmons , 884 F.2d 1136, 1140 (9th Cir. 1989), as amended 900 F.2d 213 (9th Cir. 1990), as corrected 998 F.2d 775 (9th Cir. 1993) ). This avoided the risk of "diminishing the Fourth Amendment protections owed to [a third party] homeowner." Id.

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