By Robert Phillips, Deputy District Attorney (ret.)  

Legal Issues and Case Law

• Probation Fourth Amendment wavier searches of a residence 
• Probable cause to believe a probationer lives at the residence being searched 
• A federal evidentiary hearing on a motion to suppress 
• Probable cause vs. reasonable suspicion standard of proof 

Rule: For a warrantless probation search of a probationer’s residence to be lawful, it is required that officers have probable cause to believe that the probationer lives there. An evidentiary hearing on a motion to suppress in federal court is not required absent a showing that contested issues of fact exist.  

Note: Some authorities argue that the “reasonable suspicion” standard, rather than “probable cause,” is the correct standard of proof. 

Facts: In Nov. 2018, an anonymous tipster reported to the Los Angeles Police Department that a person named Ryan was selling drugs out of 14436 Emelita Ave., Apartment B, in Van Nuys. The tipster also reported that Ryan drove a red convertible Ford Mustang. LAPD Officer Giovanni Espinoza was assigned to investigate the tip. By researching law enforcement databases, Officer Espinoza determined that a subject named Ryan Beau Patrick Barry, the eventual defendant in this ....