In United States v. Pereda, --- F.4th ---, No. 25-4461 (9th Cir. 2026), a divided Court reversed the district court’s order granting Binisio Nicolas Pereda’s motion to suppress evidence found in a trailer and a pickup truck and remanded for further proceedings.
One morning, police officers found Binisio Nicolas Pereda—a state early-release supervisee subject to warrantless search conditions—in a trailer located near his girlfriend’s parents’ home. Officers then searched the trailer and a nearby pickup truck thought to be used by Pereda. They found ammunition in the trailer and drugs in the truck. We must decide whether officers had probable cause to believe that Pereda (1) resided in or controlled the trailer, and (2) owned or controlled the pickup truck. Because the officers had probable cause for both searches, the searches were consistent with the Fourth Amendment. We thus reverse the district court’s order granting Pereda’s motion to suppress and remand for further proceedings.The Fourth Amendment to the United States Constitution provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated[.]” U.S. Const. amend. IV. Warrantless searches are generally “per se unreasonable.” United States v. Estrella, 69 F.4th 958, 964 (9th Cir. 2023) (simplified). But there are exceptions to this rule. United States v. Brown, 996 F.3d 998, 1004 (9th Cir. 2021). One of the recognized exceptions to the warrant requirement is the so-called parolee exception. Estrella, 69 F.4th at 964. Under the parolee exception, “[a] search of a parolee that complies with the terms of a valid search condition will usually be deemed reasonable under the Fourth Amendment.”Pereda’s post-release community supervision search conditions authorized a search of his “residence.” When a search condition permits a warrantless search of a parolee’s “residence,” “law enforcement officers must have probable cause to believe that the parolee is a resident of the house to be searched.” United States v. Grandberry, 730 F.3d 968, 973 (9th Cir. 2013) (simplified). The probable cause needed to search a parolee’s residence is the same well-established probable-cause standard used throughout criminal law. It “is not a high bar[.]”Considering the whole picture, the officers had ample probable cause to believe that the trailer was Pereda’s residence.Applying that fact-intensive standard, we conclude that there was a fair probability that Pereda was residing in the trailer. So the officers had probable cause to search the trailer according to Pereda’s parole conditions. The search was thus consistent with the Fourth Amendment.The officers also reasonably searched the truck parked next to the trailer. As noted above, Pereda’s post-release community supervision terms permitted a warrantless search of any “property under [Pereda’s] control.” That provision applies to the search of a parolee’s vehicle. See id. at 981. So Pereda’s supervised release conditions permitted a search of his vehicle if the officers had probable cause to believe that he owned or controlled the vehicle searched. Dixon, 984 F.3d at 822. Once again, probable cause is “not a high bar” and “requires only the kind of fair probability on which reasonable and prudent people, not legal technicians, act.” Kaley, 571 U.S. at 338 (simplified).Based on the totality of the circumstances, the facts available to the officers established a fair probability that Pereda owned or controlled the white pickup truck. Armed with probable cause, the officers validly searched the truck according to Pereda’s supervised release terms.
Judge Paez dissented in a thorough opinion that would have affirmed the district court.
