Background
Binisio Nicolas Pereda was a state early-release supervisee subject to warrantless search conditions. Officers conducted a compliance check at a Goleta address where Pereda had been GPS-tracked for months. They found a trailer and a pickup truck, searching both and discovering ammunition and drugs. The district court granted Pereda’s motion to suppress, finding the officers lacked probable cause.
The court’s reasoning
The panel concluded that the officers had probable cause to believe Pereda resided in the trailer based on GPS data, his girlfriend’s mother’s statement, and the trailer’s physical setup. The court also held the trailer was property under Pereda’s control because it is a vehicle under California law. Regarding the truck, the court found probable cause based on Detective Amjadi’s prior observations of Pereda driving the vehicle and its proximity to the trailer.
Because the officers had probable cause for both searches, the searches were consistent with the Fourth Amendment.
USA v. Pereda, 25-4461 (9th Cir. 2026)
The dissent
The cumulative facts known to the officers showed only Pereda’s status as an overnight guest at the trailer.
Richard A. Paez
What it means going forward
The decision reverses the suppression of evidence, allowing the government to proceed with the prosecution of Pereda for possession with intent to distribute and felon in possession of ammunition.