In United States v. Barry, --- F.4th ---, No. 23-2101 (9th Cir. 2025), the Court affirmed the district court’s denial of Ryan Barry’s motion to suppress evidence found in a warrantless search of his apartment. The case turned on whether police officers had probable cause to believe that Barry, a probationer who was subject to warrantless search conditions, resided at the apartment. The Court held they did.
Nothing about this decision breaks new ground. But there are two concurrences discussing whether the Ninth Circuit's precedent on these types of cases -- requiring probable cause to believe the parolee / probationer resides at the residence -- should be reconsidered.
