What is the probable cause of a search warrant issued to a probation officer for a violation of the terms of a probation order?
MultiRegion, United States of America
The following excerpt is from U.S.A v. Sohappy, D.C. No. 2:09-cr-02037-EFS-1, No. 09-30429 (9th Cir. 2010):
The officers did not have probable cause to believe that Sohappy was living at the searched residence. The single failed attempt to locate Sohappy at his listed residence was insufficient to suggest he was living elsewhere. See United States v. Howard, 447 F.3d 1257, 1266 (9th Cir. 2006). That Sohappy failed to report to his probation officer the morning after he was released does not establish probable cause as to where he was living.
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