The following excerpt is from United States v. Elder, 18-3713-cr (2nd Cir. 2020):
"On appeal from a district court's ruling on a motion to suppress evidence, we review legal conclusions de novo and findings of fact for clear error." United States v. Berschansky, 788 F.3d 102, 108 (2d Cir. 2015). Mixed questions of fact and law are reviewed de novo. Id.
The Fourth Amendment protects the right of the people to be free from unreasonable government intrusion into areas where they have "a legitimate expectation of privacy." United States v. Newton, 369 F.3d 659, 664-65 (2d Cir. 2004). Persons on supervised release have a diminished expectation of privacy. See United States v. Edelman, 726 F.3d 305, 310 (2d Cir. 2013) (noting that supervisees "who sign [waivers] manifest an awareness that supervision can include intrusions into their residence and, thus, have a severely diminished expectation of privacy" (quoting Newton, 369 F.3d at 665)); United States v. Balon, 384 F.3d 38, 44 (2d Cir. 2004) (noting that an individual on supervised release has a "diminished expectation of privacy that is inherent in the very term 'supervised release'").
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